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Billion Dollars

US District Court dismisses Carol Highsmith’s $1 billion copyright claim against Getty

Nov 23, 2016 by John Aldred 4 Comments
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Although some quite enjoyed the idea of seeing Getty get a good legal spanking for once, that is not how things are turning out. US District Court Judge Jed S. Rakoff has dismissed all of Carol Highsmith’s federal copyright claims. After the dismissal on October 28th, he left three of Highsmith’s state law claims intact. Those, too, have now been voluntarily dismissed after Highsmith and Getty have reached an agreement to settle the case.

For those who missed it, Highsmith filed suit in July after she discovered that Getty had been charging fees to license images she had created without her consent. She only realised this after they attempted to bill her for the use of one of her own photographs and did a little digging. They had attempted to sell almost 19,000 images she had created.

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Getty responds to $1 Billion lawsuit: If you put your photos in public domain, don’t come whining to us

Sep 11, 2016 by Udi Tirosh 26 Comments
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OK, those are not the exact words of Getty, but this is what their response feels like. As you may recall we reported this 1 Billion dollars lawsuit back in July. If you want the background, Getty sent an infringement notice to one Carol M. Highsmith. Here is the funny thing. Carol M. Highsmith was the photographer who took the photo in the first place.

In response, Carol sued Getty for 1 billion dollars for “gross misuse” of 18,755 of her photographs, she claims that Getty “falsely and fraudulently holding themselves out as the exclusive copyright owner” (The amount comes from $25K per image in statutory damages times three).

Now it’s Getty’s time to respond (and they did file a response on September 6th) and here is what they are saying:

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Getty asks photographer to pay for her own photo, photographer responds with $1 billion lawsuit

Jul 28, 2016 by John Aldred 7 Comments
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Getty can be pretty quick to send out infringement letters, as well they should. In the case of a real infringement, they absolutely must be protecting the rights of their contributors. But what happens when Getty screws up and sends an infringement notice to the creator of the photograph?

What then happens if Getty also try to sell almost 19,000 of the same photographer’s images without permission? Well, that’s what happened to photographer Carol M. Highsmith and she’s suing Getty for the maximum available under the law.

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Udi Tirosh: from diyphotography.netUdi Tirosh is an entrepreneur, photography inventor, journalist, educator, and writer based in Israel. With over 25 years of experience in the photo-video industry, Udi has built and sold several photography-related brands. Udi has a double degree in mass media communications and computer science.

Alex Baker: from diyphotography.netAlex Baker is a portrait and lifestyle driven photographer based in Valencia, Spain. She works on a range of projects from commercial to fine art and has had work featured in publications such as The Daily Mail, Conde Nast Traveller and El Mundo, and has exhibited work across Europe

David Williams: from diyphotography.netDave Williams is an accomplished travel photographer, writer, and best-selling author from the UK. He is also a photography educator and published Aurora expert. Dave has traveled extensively in recent years, capturing stunning images from around the world in a modified van. His work has been featured in various publications and he has worked with notable brands such as Skoda, EE, Boeing, Huawei, Microsoft, BMW, Conde Nast, Electronic Arts, Discovery, BBC, The Guardian, ESPN, NBC, and many others.

John Aldred: from diyphotography.netJohn 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.

Dunja Djudjic: from diyphotography.netDunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.

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