1. Getty Nightmares anyone?
If you or your company own a website that contains images, illustrations or pictures of any kind, then
you should pay attention to what I am about to tell you. This short piece of information could save you
not only a substantial amount of money but the stress and headache of painful unnecessary litigation, not
to mention professional embarrassment in front of your colleagues.
I have come across hundreds of articles, comments and so forth of what seems to portrait a legal
nightmare for small to medium companies, where Getty Images is the big bad wolf who has been
sending settlement demand letters for copyright infringements to companies all over the world. The issue
has gotten so popular that it is suspected hundreds of thousands of letters has been sent out in the US
alone with the intent of reaching a monetary non-litigation agreement with the infringer. The amount of
money requested as settlement goes from five hundred dollars to a couple of thousands per image per
client. Getty Images is recognized as one of the largest stock photography houses in the world. Have you
seen their products? Yes, Getty blows everyone else out of the water on my book.
It is not my intent to discuss legal matters or advise to those who have received letters of reparation
from Getty Images. My goal is to propagate good design business practices with the intent of keeping
good hardworking honest companies away from these shenanigans and focusing on what it is ultimately
most important: the profitability of their businesses.
Nonetheless, I will recommend that you take this seriously and do your own research about the usage of
images on the internet and also the famous Getty Images letter that everyone is talking about. Don’t take
my word for it, do your own “googleing” for knowledge. If you choose not to get educated about
copyright law, chances are you will still be held accountable for your website’s content regardless of your
ingenuous approach.
2. What do you think Getty trying to achieve with this “settlement demand campaign”? One of the most
popular first self-righteous reactions out there: Is Getty getting greedy?
I believe this is a very simple issue. Getty Images is protecting its products as you do with yours by
taking measures to prevent the diversion of such products to who hasn’t pay for them. Against these
individuals, Getty is not only entitled to a fair return from the infringer, but also entitled to have their
rights vindicated in a Court of Law. Right now, Getty Images is running the haunting for infringement,
but many others will follow in order to stand up for their contributors, or so we artists would hope so.
If you do not hold the rights to the images contained on your website, you should remove them or
replace them immediately. You shouldn’t wait until you get a settlement letter requesting proof of
licensing for content found under your domain. Sometimes records are misplaced or lost, especially if
your content has not been updated for the past 3 or more years –shame on you.
It will not serve you to place the blame on your web designer; it might be a company from India, one of
your employees or your cousin Bob. You are the person responsible for what content is placed under your
domain, and it is your obligation to make it a priority to have copyright for all of it.
You should also be aware that it does not matter if your website has a commercial purpose or has only
been created for personal usage. Copyright law applies the same.
There is a very simple solution for this very simple issue. Take charge of your content and make sure you
comply with the law. If you do not have proof for licensing the images on your website, you should get
the licensing under your name or replace those images as soon as possible. For those who are not sure
where to start, I have prepared an imagery compliance package that is very straightforward, fast and
easy to implement.
[ link to page with information about imagery compliance package, signup email required]
3. Getty Images legal approach should be praised, not criticized. After all, Getty is looking after your best
interest as well as its valuable contributors. The outcome following this popular infringement policing
could be no other than knowledge gain, a more efficient web practice and the sound of a good night
“nigthmareless” sleep.