Getty files Copyright suit over stolen photo resale scheme on Facebook

Jun 15, 2016

John Aldred

John Aldred is a photographer with over 20 years of experience in the portrait and commercial worlds. He is based in Scotland and has been an early adopter – and occasional beta tester – of almost every digital imaging technology in that time. As well as his creative visual work, John uses 3D printing, electronics and programming to create his own photography and filmmaking tools and consults for a number of brands across the industry.

Getty files Copyright suit over stolen photo resale scheme on Facebook

Jun 15, 2016

John Aldred

John Aldred is a photographer with over 20 years of experience in the portrait and commercial worlds. He is based in Scotland and has been an early adopter – and occasional beta tester – of almost every digital imaging technology in that time. As well as his creative visual work, John uses 3D printing, electronics and programming to create his own photography and filmmaking tools and consults for a number of brands across the industry.

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Getty Images has filed a copyright infringement suit against Ohio man, Walter A. Kowalczuk for allegedly downloading as many as 3,400 high resolution images from Getty’s servers without permission which he then resold through a private group on Facebook.

According to PDN, Getty’s claim against Kowalczuk, filed June 8th in US District Court in Cleveland, states that he and other members of the group allegedly bought and sold images using codewords for the sources of those images, such as “Spaghetti” for Getty and “Apples” for Associated Press.

kowalczuk-resale

The screenshot above, allegedly posted by Kowalczuk to a private Facebook group, might be a little difficult to make out but it states…

As always images are available

Bulk Deal in two weeks for those who have ordered through me before. An email will be sent out next week to those who are on my email list with the details. Minimum 400 images.

Spaghetti and Apples are available as always for the lowest price around at $.75 per.

PM if interested.  Thanks guys.

The lawsuit says that an employee of Getty distribution partner, Photo File contacted Kowalczuk in March 2015 about purchasing six images of a Chicago Blackhawks hockey player that Kowalczuk had offered for sale.  This was an image that both Photo File and Getty license.

Kowalczuk allegedly told the Photo File employee that the image was sourced from Getty and “gave specific instructions for ordering the images”.  The employee complied with these instructions, and Getty subsequently purchase another 29 images from Kowalczuk on three different occasions – March 29th, April 1st, and April 29th, 2015.

PDN reports that how Kowalczuk gained login credentials for Getty is unclear, but that the actual owners of the accounts used for the infringement “confirmed that Kowalczuk was neither an employee.. nor authorised to use its login credentials”.

Getty is seeking damages from Kowalczuk for wilful copyright infringement, contributory infringement (aiding and abetting copyright infringement by those he illegally sold images to), computer fraud, and Digital Millennium Copyright Act violations.

Getty often get a hard time for going after individual copyright infringers, even if they usually deserve it, but it’s nice to see them also going after the bigger fish, too, who are ripping off photographers on a much larger scale.

Let us know your thoughts in the comments.

[via PDN]

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John Aldred

John Aldred

John Aldred is a photographer with over 20 years of experience in the portrait and commercial worlds. He is based in Scotland and has been an early adopter – and occasional beta tester – of almost every digital imaging technology in that time. As well as his creative visual work, John uses 3D printing, electronics and programming to create his own photography and filmmaking tools and consults for a number of brands across the industry.

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One response to “Getty files Copyright suit over stolen photo resale scheme on Facebook”

  1. Sean Avatar
    Sean

    Guy was definitely and idiot to think he could get away with that and any type of copyright theft is wrong. But on the other hand Getty suck donkey…well you know….