Rights Exclusivity: No Exclusivity

[gabon]

** Rights Exclusivity: No Exclusivity

Can Getty sue for infringement or damages ?

[SoylentGreen]

If Getty issued a receipt to a customer, we can assume that the customer has purchased a license to use an image.
Such a license normally includes what kind of use is intended, image size, resolution, length of usage, etc.

When the receipt reads "Rights Exclusivity: No Exclusivity", I would take that to mean that the customer has not purchased a licence to use the image exclusively.
That is, other customers may also purchase licenses to use the image.

My personal opinion is that the actual copyright ownership of an image does not change regardless of whether the license is "exclusive" or "non-exclusive" when a customer purchases a license to use an image.
The copyright remains in place unchanged, and the customer may use the image as per the terms of the license (contract).

If someone uses the image without a license, then an infringement occurs.
The stock photo company may then take action according to legal/copyright laws.
Therefore, I do believe that the stock photo company could sue for infringement/damages in the case that you mentioned.

What I'm saying is that stock photo companies normally only license the use of images to their customers.
Most people (end users) don't purchase the actual copyright ownership of an image even if they desire exclusive use of it.

S.G.