Getty Images copyright infringement

[Christiani]

So what is the best way to check if the images your are using are safe to use or not? Is there a place that you can check?

I mention this because I've purchase a lot of stock photo packs and always wonder if some of those photos were sold to me without permission.

any advice?

[richardhertz]

you can upload the image in question here and the tool will search the net for same image: https://www.tineye.com/

[rocky12]

(03-12-2015 01:08 PM)richardhertz Wrote:  you can upload the image in question here and the tool will search the net for same image: https://www.tineye.com/

Thanks - I knew there were sites like this out there where you could check but have never taken time to search them out. Your earlier post was excellent advice.


I will add that, based on my experience, any infringement and collection letters will come directly from Getty. They've contacted me about two images on different sites. Both came from Getty at their Seattle headquarters, and included a copy of the web page with the alleged infringement.


The first, I found out later, was not a legitimate infringement and Getty knew it. It was in a "What's Happening in the Blogosphere" section of rotating excerpts and the image was hotlinked from the other blog. It was probably on my site for a matter of hours. Unfortunately, I had just arrived at a hotel on the first vacation I'd taken in years, and discovered the email demand from Getty. The site had never done well so I just took the whole thing down for peace of mind during the next week.

After much research, I learned that a previous court case ruled that they have no legal infringement claim unless the image resides on the server that hosts your website.


The other one was an image included in a header that I bought from a designer, who used packages of images he bought from another guy. And who knows - maybe the other guy had a license to use it commercially, but how would you ever find out by the time it filtered down to your header? That one I also immediately took down as I'd been wanting to convert to Wordpress anyway.


What helped in both cases is my extreme private nature and aversion to public exposure. Hence, I had used an alias for the contact name on the sites. Because of the whole big-brotherness of information on the internet, I was using a private mailbox in another state where we have a business, but do not live, for the WHOIS information as well as the contact address on the sites.

As luck would further have it, I changed addresses at exactly the same time Getty sent the infringement notices, and did not receive the mailed notices for a couple of months, by which time the sites had long been taken down. If I'd gotten that paperwork, I would have stressed about it even more.

Bottom line - I ignored them and they eventually went away. As stated in a previous post, Getty seems to focus their efforts where they have the biggest potential reward.

Obviously, no one wants to take down a site that is making money, so you may have to respond. But it can't hurt to separate your public contact information as much as possible from your residence. Pay the hundred bucks a year or whatever for a PMB in another city and have mail forwarded. Hopefully, there won't be any!

[richardhertz]

These copyright trolls like Getty (and others) can be relentless. But, if you put up a spirited (and proper) defense, odds are they will see that you are not easy prey, you won't give up any money easily, and its most likely the copyright trolls will move on to a more ready victim that will give up the money. Yes, its not so much about justive and law, its just an extortion rackey to take your money.

Being hard to find (obscuring your domain registration) may slow them down, but it won't stop them. Its not beyond the copyright trolls to file a DMCA take down notice with your hosting company. You may go to your site to find the big ugly 'THIS ACCOUNT HAS BEEN SUSPENDED' notice.

I'm glad to have been useful to you (and hopefully others who discover this thread). I'm not a reputation button begger, I'm just giving back to a community that has given much to me.

There are more and more open source, creative commons, and public domain web sites coming online every week, so check those out for appropriate useful images before busting out the wallet. Definitely stay away from buying images from galleries that are copyright trolls (like Getty, Istockphoto, Masterfile).

Continued good luck to you.

[rocky12]

(03-15-2015 02:48 PM)richardhertz Wrote:  Being hard to find (obscuring your domain registration) may slow them down, but it won't stop them. Its not beyond the copyright trolls to file a DMCA take down notice with your hosting company. You may go to your site to find the big ugly 'THIS ACCOUNT HAS BEEN SUSPENDED' notice.

.
Of course you are completely correct. My case was easier because I didn't mind taking down the sites in question. Hopefully everyone else's are doing better than that :=)

But there are two issues. One is protecting your website. The other is being sued for money. Being harder to reach only helps the second one.

Getty was not a blip in my brain when I separated the hosting contact address from my personal. The original purpose was more for protecting from identity theft. I just like a little cushion. With the internet, it's so easy to scrape tiny pieces of the puzzle and put them together. (Post my name, birthdate, employer, city of residence and schools on Facebook? Not!)

An added benefit if it slows down the trolls even a little.

BTW, I believe Getty owns iStockPhoto, which is their lower cost royalty-free division. In cases of infringement they would go for statutory limits, not the listed price for a royalty-free image. Sometimes people make the mistake of thinking "it only sells for $12 so if I get caught, no big deal." It's worth noting that the law establishes statutory penalties in the hundreds or thousands of dollars for copyright infringement of a single image.

[richardhertz]

You are correct, Getty owns Istockphoto.

And yes, again, you are correct, Getty goes for the statutory limits. Getty always starts high (4,000 to 12,000 dollars) in hopes that the dollar amount scares the crap out of you and you'll settle for half that (like an old salesman technique - how much does this cost? 20 bucks! But I'll sell it to you for $10 - whcih now sounds like a better deal and you'll buy). Sad thing is, so many people will quickly settle, which makes this a cash cow and source of revenue for Getty. If everyone put up a fight, it wouldn't be so easy for Getty.

Shhh on the Whois....they may be monitoring this thread and find a new technique to find more victims! :-)

[Supermark]

Spot on, solid advice that should be permanently pinned in this forum!
Rep given for response!

(03-08-2015 06:08 AM)richardhertz Wrote:  I had a template designer use a Getty Image without an appropriate license, and Getty came after me wanting 4,000 in 'compensation' for the improper use and improper licensing of their intellectual property. They escalated from email messages, to letters, and finally phone calls. They used all kinds of threats to get me to pay.

I found lots of good information on this web site: http://www.extortionletterinfo.com/

You will find that there are many stock photo companies doing the same copyright trolling. Its a entire sideline business and source of cash flow for stock photo galleries. I sell stock image I take, and I've yet to get paid any compensation for the photos that have been used without license.

Do take the email seriously. Respond, but DO NOT admit any guilt. While Getty's lawyers make some extreme threats, in reality, Getty has yet to go to court to force a settlement. If you defend your rights vigorously, it will cost Getty's lawyers a lot of time and effort, which means a lot of expense in legal fees to Getty. The more effort, the more cost, the less likely they will go after you. If they DO go to court, your odds are pretty good that an impartial judge will knock an unintentional violation of copyright down to 400 bucks in damages and legal fees to the infringed party, so, Getty won't likely go to court and take their chances as they will lose more than it cost them to get to court and get a settlement.

Now, keep in mind, I'm not a lawyer. You may want to consult your lawyer to make sure you are within your rights.

Take down the offending images immediately so as to show your intention not to willfully violate copyright. It may also limit any damages if in the event you are found guilty. Don't offer to pay anything, but be cooperative in responding to messages, emails, letters, phone calls but do not admit guilt or offer to pay anything as you have rights too. Remember, these people contacting you work for Getty and have Getty's best interests in mind (and action). They will say anything to get you to pay, including lie and mislead you. Some of these copyright trolls are paid a percentage of what they collect, so if they don't collect, they don't get paid, which is another matter entirely for the Bar Association to consider if you wish to file a complaint with them regarding the lawyer that is contacting you's conduct. As I said, consult your own attorney to find out your rights, and then stand behind them.

Good luck, and don't buy or license any image Getty or any of their other brands (Like IstockPhoto Dot Com). Boycotting them is the best revenge.

[nicdic]

I got nailed by them for $500, I ran a feed off a reputable mag site (1 picture), the mag site didn't get nailed but I did.

[Shifu]

What about shutterstock guys? Btw, how the heck can somebody tell whether you bought the image in the first place or you took it from another blog?

[gixxer2012]

Cant you just take the image in photoshop or gimp, put it on a new blank layer and save it, that should i think take out their copyright tracking? before you put it on any site.