Ana christy thought you might be interested in this link from the Guardian: Why can’t we use Google images on our website?
I set up my sister’s website and used two Google images. It said nothing about copyright – but now Getty has billed us £950
Monday 11 March 2013
In August 2010 my sister asked me to design a website for her hair and beauty salon.
We found two striking images on Google and used them. We rejected those which had “copyright” or similar words, or where the identity of the model was obvious.
Three months later, Getty Images wrote claiming the photos were subject to its copyright. She was asked to remove them immediately and to cease and desist from further use. She was also billed £950 for “unpaid licence fees”, an enormous sum for a local business.
As I reckoned the images were worth about £50 at most, and were only on the site for three months, I ignored this demand. Getty sent a heavier letter in January 2011. In June, she received a “notice of case escalation” and the fee demanded was now £1,149.50, an impossible amount to pay.
We heard nothing more – I thought Getty had realised there was little point in chasing this – until December 2012 when debt collectors sent a threatening letter. Is this a big organisation trying to beat up a small business? BF, Shrewsbury
Getty Images collects fees for photographers whose work is used.
They have to earn their crust – and pay models, make-up artists, lighting technicians and others involved in a shoot. Using their images for free is copyright theft. But Getty Images acknowledges that when non-professional web designers try to find artwork through a search engine, it can be unclear what – if any – fee there is to pay, and even more unclear how to pay.
Phrases such as “These images may be in copyright” could apply to all, or none, of the images viewed. In your case, you selected two pricey images at £475 each to use for six months.
Getty accepts that you would not have taken these had you known the cost. These images were “digital rights managed” and their use is easily detectable.
You could, however, have chosen “royalty-free” images which would have given you a lifetime’s use for £10 to £20.
Getty accepts “that there are many small businesses and image users that are new to licensing content” and says “it is not our core business to chase hairdressers”.
And while it called in debt collectors, it has not sold them the debt – it remains a matter between Getty and you.
Following our call, it has reassessed the situation. It says it is unfair for those involved in the shoot to be unpaid, but it is willing to cut the bill to £500 as a compromise solution.
We feel that this is reasonable.
This week Bachelor and Brignall is guest-written by Tony Levene.
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