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Originally Posted by red
Wige, be careful. I hope for your sake that this can be dealt with short of a lawsuit.
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What'd I do? I'm a hacker, not a thief! Trust me, when they come for me, it won't be lawyers they send...
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Originally Posted by DrTandem1
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...
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I am not sure how the Google argument would play out in this case. In the US, Google's image indexing is generally thought to fall under fair use: all images are stored and redisplayed in a reduced form (not full size) and are presented for representative purposes only, with an attribution link to the original source of the image. The only time Google has really gotten in trouble for trademark infringement is when publishers filed a claim that substantive portions of work were being served to users (instead of representations of the work, full portions of the work) which violated the copyright. There is a fine line between what is fair use and what is infringement (and I don't think in this case you have a leg to stand on claiming fair use...) but Google has a big enough legal department that they would probably love the challenge, just to establish the case law.
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Originally Posted by HalBaumbach
I have a lot of photos on my web sites and also spent a lot of time drawing a map. Every once is a while I find my photos and the map on other web pages. I never try to come down hard on them for a couple of reasons. First I am not in the photo business. And, second, I don't actually know where they got the photos from. So many people have used my photos without asking my permission that they may have taken the photo from someone else's web page. They may have even received permission from the owner of that web site to use my photo.
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Is it possible with this type of approach you could actually do more harm? By not demanding the removal of the images wherever you find them, could you endanger your ability to enforce your copyright in the future?