Getty Images - Controversial Practices To Enforce Copyright

Controversial Practices To Enforce Copyright

In 2008, Getty Images caused controversy for its aggressive pursuit of copyright enforcement on behalf of its photographers. Rather than pursue a policy of sending out "cease and desist" notices, Getty typically mails out a demand letter claiming substantial sums of damages to owners of websites which it believes are using their images in infringement of their photographers' copyright. Getty commonly tries to intimidate website owners by sending collection agents, even though a demand letter cannot create a debt. One photographer noted: "courts don't like to be used as a means of extortion." In one case, Getty sent a church in Lichfield, Staffordshire, a £6,000 bill for photographs used on its website, apparently placed there by a church volunteer. In this case, the church offered to pay Getty what it thought was a reasonable amount. The diocese's communications director said, "Getty was not playing ball or following the normal litigation or dispute resolution procedures and to ignore them. We don't deal with bullies; we deal with legal threats appropriately. I told by letter that's what doing, that we were not going to play, and didn't hear any more." The Guardian describes other instances in which Getty or other stock photo businesses dropped the matter when the website owner refused to pay or hired a lawyer. A law firm was quoted as saying: "Once we get involved generally Getty does back off."

In 2009, Car-Freshener corp filed a case against Getty Images in U.S. Federal Court, Northern District New York (Case 7:09-cv-01252-GTS -GHL). Car-Freshener claimed that Getty Images had in its catalog photos that included the famous "tree-shaped" trademarked car fresheners. In 2011, Getty Images had attempted to have the case dismissed, but the motion was denied. In 2012, Getty Images agreed to settle by paying Car-Freshener corp, but admitted no wrongdoing.

As of September 2012, no publicly known cases of copyright infringement have been raised by Getty Image in a U.S. Federal Court.