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Author Topic: Big Change at Getty -- Free Use  (Read 11498 times)

canuckistan

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Big Change at Getty -- Free Use
« on: March 05, 2014, 06:48:18 PM »
I buried this in my other thread but it's big enough news for its own post:

The world's largest photo service just made its pictures free to use http://www.theverge.com/2014/3/5/5475202/getty-images-made-its-pictures-free-to-use

The article explores some issues around embedding, but one wonders if this is the end of the era of Extortion!

stinger

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Re: Big Change at Getty -- Free Use
« Reply #1 on: March 05, 2014, 08:39:33 PM »
I, for one, am not buying it.

I don't trust this company and never will.

From 2005-2007, Getty's Royalty Free Images page looked like they were doing the same thing - giving those images away in order to build a clientele that might license their more valuable images later.

Then they changed their policy - and covered their tracks.  All traces of their Royalty Free Images page prior to 2007 were removed from the way back Machine.  The new page made it clear that Royalty free images were not free.

Five years later, they began sending extortion letters to people who had used the free images when they appeared free.  In those five years, the company had gone public, and then private again.  That gave them plausible deniability - e.g. We don't know what the policy was back then.

The problem is that the same sharks who were running the company then are still running it today.  Jonathon Klein says on tape that their images are free for non-commercial use, but chases down everyone they can find who is small enough to not have a legal team behind them, and dumb enough to have believed him.

Tread carefully on this announcement.  Who knows what their policy will be next year?

Greg Troy (KeepFighting)

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Re: Big Change at Getty -- Free Use
« Reply #2 on: March 05, 2014, 10:36:43 PM »
I agree with Stinger, I am skeptical.  I want more to see them announce that they are changing the way they enforce their non-willful infringement claims.  They can increase their revenues by asking realistic and reasonable amounts for their images.

I offer Glen Carner as an example.  He changed his approach and we were all shocked and pleased, I can only assume he has continued with it as we have not had one single complaint against him here on ELI since he adopted his new kinder, gentler policy.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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Mulligan

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Re: Big Change at Getty -- Free Use
« Reply #3 on: March 06, 2014, 09:28:20 AM »
There are, of course, many catches to Getty's new "free images:

The embedding tool is intended only for noncommercial uses. In many cases, Peters says, publishers will prefer to pay for images because they will get more control and won’t have embedded images sending information about their Web traffic back to Getty. Embedded images will not be allowed in contexts that promote products or businesses. “That’s a pretty clear delineation,” Peters says. “We’ll enforce the terms of this license if people start using these images to do that.”

above from story at...  http://www.businessweek.com/articles/2014-03-06/since-it-cant-sue-us-all-getty-images-embraces-embedded-photos

And I'm confident Getty isn't going to donate PicScout to the "Save the Whales" foundation so they can auction that Israeli company to the highest bidder.


Lettered

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Re: Big Change at Getty -- Free Use
« Reply #4 on: March 06, 2014, 09:47:24 AM »
I would think that infringements would increase with this strategy.  I wonder if that is the real intention?  Sort of a veiled seeding?

Robert Krausankas (BuddhaPi)

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Re: Big Change at Getty -- Free Use
« Reply #5 on: March 06, 2014, 09:55:30 AM »
Have no fear, Getty may allow the embedding of images, but those innocent infringers who find images via google search results, Pinterest and other place will still get demand letters. Their "FREE" image embedding is anything but free, they will show ads that they choose, links back to their site, and they will also be data mining..not exactly free. PLUS who determines "non-commercial"...how many times have we seen hobby bloggers or other site that make no money get the demand letter?
Most questions have already been addressed in the forums, get yourself educated before making decisions.

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stinger

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Re: Big Change at Getty -- Free Use
« Reply #6 on: March 06, 2014, 09:58:40 AM »
I totally agree with you guys.  Getty is going to draw far more stringent lines with this program than many believe.

Infringement claims will likely go up.  I wonder if this new direction is part of why Timmy is trying to clean up his image.

Robert Krausankas (BuddhaPi)

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Re: Big Change at Getty -- Free Use
« Reply #7 on: March 06, 2014, 10:01:39 AM »
I totally agree with you guys.  Getty is going to draw far more stringent lines with this program than many believe.

Infringement claims will likely go up.  I wonder if this new direction is part of why Timmy is trying to clean up his image.

Seattle Attorney Timothy B. McCormack from McCormack Intellectual Property Law is trying to clean up his image cause he does not like the "BUTT HURT" associated with it
Most questions have already been addressed in the forums, get yourself educated before making decisions.

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Matthew Chan

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Re: Big Change at Getty -- Free Use
« Reply #8 on: March 06, 2014, 12:28:22 PM »
Canuckistan,

This is a very important find. Thank you for sharing.  My head nearly exploded when I read the article. I have many opinions, some that go beyond the scope of the article but extremely relevant to the issues at hand.

I find it interesting that there is not one user comment that informs or indicates that the Verge readership has any clue of Getty Images' smelly and moldy armpit operation called the  extortion letter campaign.  Getty has only reluctantly acknowledged the program exists only if it is called out on it but it is largely secretive and out of the PR light.

Getty reminds me of the big dinosaur publishing companies sitting in their ivory towers with huge overhead.  Their employess better get ready to move into industrial warehouses because their days of sitting in the ivory towers paying exorbitant commercial rents will soon be over.

Photographers like writers/authors are going to have to get off their asses and start learning "the business" and become entrepreneurial if they want to continue being in "the business" vs. being a hobbyist.  Depending on Getty Image and their ilk is going to be suicide for most photographers because most of the sales earned will go to keeping Getty's rent paid, lights on, and Klein's minions on payroll.  There will be very little left, if any, going to the photographer.

And like everyone else here, I feel Getty cannot be trusted.  They have not earned their trust. They have lived on the cachet of their name from 10-20 years ago.  It is clear that the Getty name means very little now and very few care about them.  And they have done very little to earn any fans.  In fact, they have gone out of their way to literally create enemies by the thousands each and every year.

Getty and Timmy wonder why ELI has so much influence.  That is because we publicly make a stand against them with authority and credibility.  Getty has successfully seeded the Internet population with haters, enemies, and people who will go out of their way to NOT be their customer. From a karma point of view, they have thousands of people looking to see them put out of business.

Klein and their equity partners don't really care about photography anymore.  It is just a money machine for them because there is nowhere to go if Getty goes out of business. Most of the upper management will be unemployable. 

Ironically, people who truly care about photography and the business will be outsiders. I hate to admit it but I honestly do believe people like Carolyn Wright of Photo Attorney do care but certainly not Masterfile that she now represents. The problem with Carolyn is she leads with her lawyer hat vs. being innovative and taking what she knows with law and business and doing something radically different.

Anyhow, I have to cut this post short but I will be back to revisit.

I buried this in my other thread but it's big enough news for its own post:

The world's largest photo service just made its pictures free to use http://www.theverge.com/2014/3/5/5475202/getty-images-made-its-pictures-free-to-use

The article explores some issues around embedding, but one wonders if this is the end of the era of Extortion!
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

lucia

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Re: Big Change at Getty -- Free Use
« Reply #9 on: March 06, 2014, 03:30:38 PM »
I totally agree with you guys.  Getty is going to draw far more stringent lines with this program than many believe.

Infringement claims will likely go up.  I wonder if this new direction is part of why Timmy is trying to clean up his image.
I'm not sure whether infringement claims will go up. These are hotlinked. But they may have "Terms of Service" claims, which is a different thing.

business week probably has the most balanced intro:
http://www.businessweek.com/articles/2014-03-06/since-it-cant-sue-us-all-getty-images-embraces-embedded-photos

It starts
Quote
Since It Can't Sue Us All, Getty Images Embraces Embedded Photos
By Joshua Brustein March 06, 2014

For the past decade or so, the best defense Getty Images could find against the right-click button on your mouse—home of the “copy” and “save” functions—has been a team of scary lawyers. By copying one of its images and using it on your blog, you’re entering a random drawing where the prize is a terrifying letter offering a tutorial in copyright litigation.


stinger

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Re: Big Change at Getty -- Free Use
« Reply #10 on: March 06, 2014, 04:01:37 PM »
Good find Lucia!  I see two very interesting quotes in this article.

Quote
Embedded images will not be allowed in contexts that promote products or businesses. “That’s a pretty clear delineation,” Peters says. “We’ll enforce the terms of this license if people start using these images to do that.”

What this one means to me is that they will continue to use their bullying tactics on those that meet the profile they define (as good victims).

Quote
According to records compiled by Bloomberg Law, Getty has only filed seven copyright infringement lawsuits in the past five years. Of those, five came in a single week this January.

This one means that people who get threatening letters should calm down.  Somehow we should find a way to plaster this stat all over ELI.  It doesn't mean you won't be sued, but you should take the time to breath, relax, research, and find your first best way to deal with this issue.

crazycatlady

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Re: Big Change at Getty -- Free Use
« Reply #11 on: March 06, 2014, 06:32:49 PM »
It's a total trap. I am seeing a lot of buzz among the professional writers/bloggers I work with about the new "free" images. No one understands what "commercial use" means. They think that if you don't slap the image on a product for sale, it's "non commercial use"

Robert Krausankas (BuddhaPi)

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Re: Big Change at Getty -- Free Use
« Reply #12 on: March 06, 2014, 06:36:51 PM »
It's a total trap. I am seeing a lot of buzz among the professional writers/bloggers I work with about the new "free" images. No one understands what "commercial use" means. They think that if you don't slap the image on a product for sale, it's "non commercial use"

Therein lies 1 major issue, Getty will determine what falls under "commercial use"..me simply having a link to my zazzle shop, could make my cr-trolls site appear "commercial"...this will be an epic fail on getty's part, and you can bet your ass that current "contributors" will once again start bailing en masse, as they won't be getting paid, but their images will be used...and the letters?? they'll still pumping those out, it's the only way getty makes any money, besides having big media partnerships.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Greg Troy (KeepFighting)

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Re: Big Change at Getty -- Free Use
« Reply #13 on: March 06, 2014, 10:06:03 PM »
Extremely good points Robert.

It's a total trap. I am seeing a lot of buzz among the professional writers/bloggers I work with about the new "free" images. No one understands what "commercial use" means. They think that if you don't slap the image on a product for sale, it's "non commercial use"

Therein lies 1 major issue, Getty will determine what falls under "commercial use"..me simply having a link to my zazzle shop, could make my cr-trolls site appear "commercial"...this will be an epic fail on getty's part, and you can bet your ass that current "contributors" will once again start bailing en masse, as they won't be getting paid, but their images will be used...and the letters?? they'll still pumping those out, it's the only way getty makes any money, besides having big media partnerships.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

lucia

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Re: Big Change at Getty -- Free Use
« Reply #14 on: March 07, 2014, 07:58:14 AM »
As a matter of technical capability, the embed tool will permit Getty Images to simply yank the image or replace it if they diagnose the use commercial. Possibly that's what they will do- and then suggest someone who is using them commercially (or however Getty thinks commercial is defined) pay for them.  Given the history, communications might be very heavy handed with threats about taking someone to court for violations of TOS. We'll see.

The main reason I won't be using these images is that I was never a big user or any stock images.  I only got at cross purposes when I hot-linked a picture of a cardinal because one of my European readers wanted to know what they looked like!!

 

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