Getty Lets Internet Use 35 Million Photos Free of Charge
Copyright law and policy – as it applies to real-world situations – is evolving before our very eyes. The world’s largest photo agency, Getty Images, has decided to make 35 million images available for online use free of charge – subject to certain conditions, of course.From a copyright perspective, the Internet is a crime-ridden wasteland; you will never find a more wretched hive of scum and villainy. OK, that might be overstating it. Copyright law protects the right to make copies of copyrighted works, including images. And it’s safe to say that just about everyone on the Internet has used images online without seeking permission from the appropriate copyright holder. As I’ve pointed out in previous blog posts, just because something appears on the Internet doesn’t mean it’s free for everyone to use. See this post about a suit concerning the use of meme images in games, and this post about a news agency who got dinged after using a photo found on Twitter.
Getty has not been shy about protecting its copyrights. A Google search for “Getty Copyright Infringement Letter” yields about 121,000 results. They appear to have decided that a more flexible approach will work out better in the long term. On March 6, they announced that they were allowing certain users to embed images owned by Getty into online content for no cost. Their online embed tool can be found here.
Getty’s Terms of Service now contains a few new paragraphs about the embed feature:
Where enabled, you may embed Getty Images Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Getty Images Content will be available for embedded use, and availability may change without notice. Getty Images reserves the right in its sole discretion to remove Getty Images Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Getty Images Content. You may only use embedded Getty Images Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded Getty Images Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.
Getty Images (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Getty Images Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.
To be clear, Getty still doesn’t just allow you to grab any image they own and post it wherever you like. In order to take advantage of this new policy, you have to copy the actual HTML code from an image into your blog (or wherever you’d like to use it.) The image will then appear, and if you click on it, it’ll link back to Getty. The policy is also restricted to non-commercial users. Exactly how they plan to define non-commercial remains to be seen.
There have also been concerns about what Getty will do with the data that results from this tool. This article on Infosecurity-Magazine.com asks if the embed tool is a “Trojan Horse.” Some bloggers and other providers of online content may be wary about giving Getty a link into their sites. Getty could, in theory, pull the photos at any time, change the photos, or post ads on the photos. The HTML code isn’t a copy of the image so much as a window to whatever Getty wants to post on your site.
While those are legitimate concerns, I want to applaud Getty for trying to find a way to satisfy its commercial needs while at the same time recognizing that content providers on the Internet strongly desire access to these photos without the burden of substantial licensing fees. If Getty starts to abuse that power, I’ll be the first to take back my applause (for whatever that’s worth.)
