One of our
dental clients received a letter recently from Getty Images demanding a settlement payment for using Getty’s images without a valid license.
dental clients received a letter recently from Getty Images demanding a settlement payment for using Getty’s images without a valid license.
I was asked if it was legitimate.
Yes, it is.
Call it what
you like, scam, extortion, mean spirited, etc…
you like, scam, extortion, mean spirited, etc…
It doesn’t matter – the law is on Getty’s side.
They have
all the documentation and facts. Without a valid, up-to-date license to use the
images on your site, you will lose in court.
all the documentation and facts. Without a valid, up-to-date license to use the
images on your site, you will lose in court.
Here is a paragraph from WomenInBusiness
on About.com talking about how Getty finds you:
Getty uses automated robots that crawl the Internet looking for its
images. Getty’s tools are so sophisticated that if you use even a part of their
images in a logo, banner, or button, they can recognize an unlicensed image.
Their crawlers can locate images that have been altered, inverted, flipped or
turned upside down, regardless of what you rename the image file.
on About.com talking about how Getty finds you:
Getty uses automated robots that crawl the Internet looking for its
images. Getty’s tools are so sophisticated that if you use even a part of their
images in a logo, banner, or button, they can recognize an unlicensed image.
Their crawlers can locate images that have been altered, inverted, flipped or
turned upside down, regardless of what you rename the image file.
When a Getty image is found, it is compared to their license
database. If there is no match between the image and the site where it is
found, they send a snap shot of the image(s) found on your site, the name of
the image (as they sell it) and demand a huge sum of money for copyright
infringement.
database. If there is no match between the image and the site where it is
found, they send a snap shot of the image(s) found on your site, the name of
the image (as they sell it) and demand a huge sum of money for copyright
infringement.
The minimum fine
is $1,500 plus you pay all court and legal costs.
is $1,500 plus you pay all court and legal costs.
The maximum
fine is $150,000 and you pay for everyone’s legal fees and court costs.
fine is $150,000 and you pay for everyone’s legal fees and court costs.
This is per occurrence.
If you hired
a web firm to build your site and you did not get warranties/indemnification
from them that all the content was original/unique/legally obtained, you are
the one who is liable.
a web firm to build your site and you did not get warranties/indemnification
from them that all the content was original/unique/legally obtained, you are
the one who is liable.
Again, hate
it or love it (if you are Getty) this is the law.
it or love it (if you are Getty) this is the law.
From what I
have read, you can negotiate them down slightly in the fines.
have read, you can negotiate them down slightly in the fines.
I’ve also
read that many other license holders of images besides Getty are getting into
the game, because anyone can go to Google images and right click copy/paste
almost anything. And the onus is on you to find the owner of the image, not on
them to provide it for you.
read that many other license holders of images besides Getty are getting into
the game, because anyone can go to Google images and right click copy/paste
almost anything. And the onus is on you to find the owner of the image, not on
them to provide it for you.
What can you
do?
do?
1. Check and see if you have up-to-date
valid license agreements for all of the images on your website (and any printed
collateral material).
valid license agreements for all of the images on your website (and any printed
collateral material).
2. If you don’t, remove the pictures and
replace with legally obtained pictures.
replace with legally obtained pictures.
3. Ask you web design firm (if you
outsourced this) for copies of all the licenses for content/images.
outsourced this) for copies of all the licenses for content/images.
4. We hire professional photographers to
take pictures of our offices, staff and client’s offices. We pay between $175 –
$600 for a full shoot including post production editing. We also retain the
full legal rights of usage of these images (and trust me, if someone stole them
and tried to pass them off as their own, they would get a letter from me).
take pictures of our offices, staff and client’s offices. We pay between $175 –
$600 for a full shoot including post production editing. We also retain the
full legal rights of usage of these images (and trust me, if someone stole them
and tried to pass them off as their own, they would get a letter from me).
How can you tell
if you have images on your website that are used elsewhere?
if you have images on your website that are used elsewhere?
1. Go to www.google.com
2. Select Images
3. In the right hand portion of the
search bar is a camera icon, click on it
search bar is a camera icon, click on it
4. Go to an image on your website and
right click on it
right click on it
5. Select copy image url
6. Paste that into the Google Image
camera icon search bar
camera icon search bar