Seems to be several here "riding out the storm". This might be some comfort to those waiting out the statute of limitations (SOL) to see what Getty will do . . . assuming my interpretations are correct. Assume a image is taken down in response to a demand letter on Jan 1, 2012 : this starts the 3 year SOL clock running, for both timely filing of a lawsuit, AND for actual damages calculation. Let's say that suit is filed on Dec 31, 2014 (1 day shy of SOL). That leaves 1 day of infringement for calculation of actual damages. This is because only 1 day of infringement falls within the 3 year SOL period. So if I'm correct, after the first year, you've already reduced risk exposure by 33%, and it keeps going down from there.
I think this discussion is only applicable to images unregistered at the commencement of infringement (otherwise plaintiff is entitled to ask for statutory damages).
I think that the length of infringment is important because stock photography images are licensed for a time period of usage (less time requires less license fees) . . . and actual damages would likely be calculated based on reasonable license fees.
Would be interested to know if I've interpreted that correctly . . . comments welcome.
I think this discussion is only applicable to images unregistered at the commencement of infringement (otherwise plaintiff is entitled to ask for statutory damages).
I think that the length of infringment is important because stock photography images are licensed for a time period of usage (less time requires less license fees) . . . and actual damages would likely be calculated based on reasonable license fees.
Would be interested to know if I've interpreted that correctly . . . comments welcome.