Photog Looses Copyright Infringement Battle

[Al Buckner]

Thought everyone would be interested in hearing about a professional photographer who just lost a legal case for copyright infringement to the Getty Agency. Michael Defreitas has over 20 years experience as a travel writer/photographer all over the world for top publications in the US and overseas. His bio and website can be found at www.iwritetravel.com and www.travel-snaps.com.

Here’s the story:
A few years back, Michael wrote a story for Passport to Travel magazine and most of the photos used in the article was his. Two were not his. He assumed that both images were off a Royalty Free PhotoDisc CD. He was mistaken, because only one was from that disc. The other one was a Rights Managed image licensed from Getty.

When the article was published, Michael asked permission from the magazine to scan and post the ‘tear sheet’ for his website. The magazine gave him permission. When Michael asked about the other two images, he was told that one was Royalty Free and the other was bought from Getty. The legal system determined that the magazine was not liable for giving Michael permission to post the tear sheet with the Getty photo... that was Michael’s responsibility to get permission from Getty.

In late February, Michael was served with a Getty Settlement Demand for $1050 (Canadian). He fought the Demand for several weeks with his lawyer and lost. He ended up having to only pay Getty $202.50, but he also had to pay his lawyer. As Michael said “This was and expensive lesson!”

As it turns out, Getty had granted the magazine a license to use the image for ‘print use only’.

Bottom line here is when you scan a ‘tear sheet’ and put it on your website, make sure you have written permission to use any photo, graphic, map, etc. from all the other creators. Otherwise, cut them out of the posting. You need to get permission to post a ‘tear sheet’ on your website, because that posting is a copy of copyrighted material, even if you did write the article and provide all the pictures. Most publication will gladly give you permission.

Here’s the interesting part… how did Getty know that Michael had one single photo on his web site that was imbedded inside a scanned image of his tear sheet??? The ‘infringed’ image was three levels down inside Michael’s web site. This meant a Getty employee was on a mission. Getty and all other stock agencies, now employee full-time, full-commissioned researchers who scour publication and the web looking for infractions. The researchers get a cut of the money the agency collects. This is big $$$ and they are highly motivated.

According to Michael’s lawyer, you could also be in jeopardy (legally) for creating a portfolio (printed) of you published work and showing it prospective clients. You need permission from the publications and from anyone else who's work is visible in any part of your portfolio.

All this has to do with how you are use the text and photos. Once you create a ‘tear sheet’ on the web or a portfolio of you published work, you now fall into a different category of “promotion”.

Michael and my wife are both members of the Society of American Travel Writes and this is an extremely hot topic in their forums now. They are planning on having a legal workshop on this topic very soon.

[zepp]

Originally Posted by Al Buckner

Here’s the interesting part… how did Getty know that Michael had one single photo on his web site that was imbedded inside a scanned image of his tear sheet??? The ‘infringed’ image was three levels down inside Michael’s web site. This meant a Getty employee was on a mission. Getty and all other stock agencies, now employee full-time, full-commissioned researchers who scour publication and the web looking for infractions. The researchers get a cut of the money the agency collects. This is big $$$ and they are highly motivated.

I wish Corbis would have had the same people in place. While browsing the web one day I came across a copy of sample text from a text book using an image of mine. Low and behold, the book even credited Corbis and myself. When I questioned Corbis, telling them I was never compensated for usage, they at that time did an inquire and began copyright infringement procedures, not having records of the transaction Nothing has been resolved as of yet.