Re: Getty Images are at it again!
So, it appears that Getty isn't making its business licensing images. It seems that they are hoping you'll use one and then make money via extortion and litigation threats. I think another legal defense that would negate their outrageous demands for fees is to discover what, if anything, they have charged Google for displaying the images.
While Google notes that images may be copyrighted, it also offers the owners the opportunity to have them removed. So, since the very images they are trying to claim as being infringed are most likely still on Google. I could just see a defense lawyer bringing in a wireless laptop into the courtroom and show that Google is still using the image. Getty would then have a nearly impossible time claiming damages from your use. After all, let's compare your site's traffic (no offense) to Google's.
I of course would be counter-suing for frivolous litigation at the same time.
I doubt that any of their "cases" ever land in court. If Google is causing that much of a problem for their "business," then Getty images is obliged (legally) to mitigate their damages when first discovered. Since it appears that you are in a long line of offenders, they have little legal ground to claim damages.
Other lawyers use this same scam with things such as access laws for the disabled. They will look for a business that has some minor ADA (Americans with Disabilities Act, the UK has their own version) "violation" such as a counter being 41" high rather than 40" high and sue. It costs more for the "violator" to defend rather than settle. There is no "victim," just a lawyer suing, by the way.
Fortunately, many courts in the states and counties in the US are taking a dim view of this extortion and misuse of the ADA. Lawyers are being disbarred in California for such tactics.
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DrTandem's San Diego Web Page Design, drtandem.com
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