Tag Archives: Getty Images

Getty Has An Image Problem: The Portrait of a Modern Copyright Dilemma

 

getty-images-logo

 

By: Brian J. Meli

To be, or not to be, that is the question—
Whether ’tis nobler in the mind to suffer
The slings and arrows of outrageous fortune,
Or to take arms against a sea of troubles,
And by opposing, end them?

~Prince Hamlet

Google ‘Getty Images’ and ‘demand letter’ and you’ll have your pick of vitriol-laced horror stories to choose from. The storylines vary case-by-case, but the narrative is usually the same: Getty Images is a predatory company that’s made an unscrupulous art form out of extorting millions of dollars from unsuspecting Internet-goers. Most of the accounts you’ll read go something like this: someone unwittingly uses an image from the company’s library without permission on his/her website, social media page or blog, triggering a pernicious demand letter containing sweeping allegations of copyright infringement. The demand letter then seeks compensation in an amount significantly above what most consider reasonable—but below what’s usually worth hiring a lawyer to mount a defense over—in exchange for the matter being dropped; leading ultimately to the response de rigueur of “just pay the bastards.”

It’s this perceived extortion as a business model that invokes such public hostility, has given rise to entire online gripe communities, and why, I suspect, if you’re conducting an opinion poll among Internet users asking what word best describes the Seattle-based company, you’ll get responses like “unreasonable,” “bully” and maybe even “criminal.” The negative sentiment runs deep, and was on full display recently when a particularly able-bodied recipient of one such demand letter (an intellectual property law firm), responded with a lawsuit of its own. The public’s jubilant response to the prospect of Getty getting some comeuppance sent a loud and clear message: Getty Images is the company everyone loves to hate.

But is Getty really the villain people make it out to be? Or is it merely a misunderstood company doing what it can to protect its interests and guard its digital property in this age of point, click and copy?

Continue reading

Tagged , , , , , , , , , , , , , , , , ,

A Billboard In Peru, And The Obsolescence Of The Commercial Speech Doctrine

02_CommercialSpeed

By: Brian J. Meli

For nearly forty years the fault line dissecting freedom of speech under the First Amendment has been a concept as widely accepted in judicial circles as Newton’s law of gravitation in scientific ones. One side of that line belongs exclusively to commercial speech, more commonly known by its street name: advertising. The other side is the domain of non-commercial speech, which is more or less anything that isn’t advertising. Both are protected, but only the latter is considered sacred, and therefore except for a few rare instances (“fire!” in a crowded theater) it’s off-limits to regulators. The distinction is so widely recognized that no one gives it much thought anymore. If you’re the CMO of an e-cigarette company, you know there are limits to what you can say in your advertising, and on your labeling and packaging. But if you’re invited to appear on 60 Minutes, or you’re interviewed by the Wall Street Journal, you’re largely free to express your personal opinions about your product. Whether or not you’re actually conscious of the fact that the former is commercial speech and the latter likely isn’t, you inherently know there’s a difference. 

Continue reading

Tagged , , , , , , , , , , , ,
06880

Where Westport meets the world

Trademark and Copyright Law

The Stuff of Commerce, Technology and Intellectual Property Law

Technology & Marketing Law Blog

The Stuff of Commerce, Technology and Intellectual Property Law

All About Advertising Law

The Stuff of Commerce, Technology and Intellectual Property Law

Scholarly Communications @ Duke

The Stuff of Commerce, Technology and Intellectual Property Law

Aaron Sanders Law

The Stuff of Commerce, Technology and Intellectual Property Law

The Stuff of Commerce, Technology and Intellectual Property Law

LIKELIHOOD OF CONFUSION™

Ron Coleman on the law affecting brands, the Internet & free speech

DuetsBlog ®

The Stuff of Commerce, Technology and Intellectual Property Law

D Gonzalez Law

The Stuff of Commerce, Technology and Intellectual Property Law

%d bloggers like this: