Getty Vs. Google
Copyright is a big deal when you own 80 million images, which is why Getty is doing something about it.
For most internet users, finding an image to use online is as simple as typing a few keywords into Google, then selecting from the wide selection of images that the world’s largest search engine usually serves up. This has become so commonplace that few people think about the fact that each time you use one of these images, you are potentially infringing upon the intellectual property of its owner or creator.
One body that knows this fact for sure is Getty Images, the American-based company that has an archive of 80 million stock photos available for license. Getty has long had a reputation for going after people on the internet who use its photos without permission (just google the phrase “Getty Images legal letter” and you’ll read thousands of accounts of just that). However, recently the photography company decided to go after the facilitator of that infringement: Google itself.
Getty Files Case
In April, Getty filed a suit in conjunction with the European Commission, which had itself filed a previous proceeding, going after the company for anti-competitive business practices. Getty is specifically going after Google for what it sees as the company’s attempt to skew its search results “In favor of its own services.” This was based on a change made in 2013 whereby “Google changed its presentation of imagery by displaying high res large-format content through Google Images, where previously low res thumbnails that clicked-through to source sites were displayed.” In a press release published on Getty’s website in late April, the company explained why this was problematic:
“Getty Images’ complaint focuses specifically on changes made in 2013 to Google Images, the image search functionality of Google, which has not only impacted Getty Images’ image licensing business, but content creators around the world, by creating captivating galleries of high-resolution, copyrighted content. Because image consumption is immediate, once an image is displayed in high-resolution, large format, there is little impetus to view the image on the original source site. These changes have allowed Google to reinforce its role as the internet’s dominant search engine, maintaining monopoly over site traffic, engagement data and advertising spend. This has also promoted piracy, resulting in widespread copyright infringement, turning users into accidental pirates.”
Copyright Violations
Their argument is essentially as follows: if a searcher can find high resolution, un-watermarked, free images in Google search results, why on earth would they go through the more official and legal channel of paying for a license to use the photo? And worse still, once the image has been used illegally and posted on a webpage, there is virtually no recourse for the creator who invested their time, energy, money, and intellectual capital in creating it. If this continues, Getty argues, there will be no motivation or incentive for photographers to keep creating original work, as the renumeration for their efforts is being sucked dry by people who are unwilling to pay.
Despite their draconian legal tactics, Getty has been a leader in the past when it comes to adapting image-sharing to the internet world. Their “embed functionality” which allowed users with noncommercial intent to embed Getty images on their webpage at no cost, with a “right click” functionality that ensures “content creator is appropriately credited for their work and that the image is clearly traceable to Getty Images in the event that a user wishes to license the image for a commercial purpose”.
This kind of innovation proves that Getty is not entirely stuck in the past when it comes to the digital economy. But going after Google is a big step and the results of this case are certain to be a bellwether ruling in the area of intellectual property online.