Getty don't have a leg to stand on, use this

[sammyman]

Refer to the 'On-Line Copyright Liability Limitation Act'

`Sec . 512 . Limitations on liability relating to material on -line

`(a) LIMITATION- Notwithstanding the provisions of section 106, a provider shall not be liable for--

`(1) direct infringement, based solely on the intermediate storage and transmission of material
through a system or network controlled or operated by or for that provider, if--


`(A) the transmission was initiated by another person;

`(B) the storage and transmission is carried out through an automatic technological process, without any selection of that material by the provider; and

`(C) no copy of the material thereby made by the provider is maintained on the provider's system or network in a manner ordinarily accessible to anyone other than the recipients anticipated by the person who initiated the transmission, and no such copy is maintained on the system or network in a manner ordinarily accessible to such recipients for a longer period than is reasonably necessary for the transmission;

`(2) monetary relief under section 504 or 505 for contributory infringement or vicarious liability , based solely on conduct described in paragraph (1); or

`(3) monetary relief under section 504 or 505 for contributory infringement or vicarious liability , based solely on transmitting or providing access to material over that provider's system or network, other than conduct described in paragraph (1), if the provider--

`(A) does not have actual knowledge that the material is infringing or, in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; and

`(B) does not receive a financial benefit directly attributable to the infringing activity, if the provider has the right and ability to control such activity.

[Oscar Michelen]

Dear sammyman:

Sec 512 (also called the Safe Harbor Provision of the Digital Millennium Copyright Act) protects only Online Service Providers (OSPs) and Internet Service Providers (ISPs) like Yahoo or Google.  It is meant to protect those entities that merely provide a place where others can post content. The theory is that it would not be reasonable to expect Google or Yahoo or YouTube to constantly monitor everything posted for copyright infringement. Most websites would not qualify for protection under either the DMCA or 512.