dbramley: in the UK i think you would be covered by:
The Copyright, Designs and Patents Act 1988 (c. 48)
"97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy."
although as far as we can see no-one has been taken to court to test it, but this probably shows what shaky ground Getty are on.
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