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Getty Images Letter Forum / Fair Use Question
« on: September 13, 2014, 12:49:24 PM »
Hi all,
I got an extortion e-mail from Getty recently. I did indeed use the image in question, but I did so intentionally, believing it should qualify as fair use.
I'm a freelance writer and marketing consultant. On my company's blog, I often use examples of writing or marketing found in real life, and I critique these examples to explain whether they are effective, well-written, etc. The post which used the image is about the trend of "clickbait" and "listicles" online. I used the image (and other images) to illustrate my point. For the Getty-owned image, I even say that I found it on the Huffington Post, a popular website.
I wrote to Getty, "Because I use this image in the context of criticism and commentary, its use qualifies as "fair use." When a party's use of copyrighted material qualifies as a fair use, it is not considered an illegal infringement. Therefore, I will not be taking the image down, and I will not be sending you any money."
Getty came back saying they maintain the use is promotional in nature as it's "part of the design element of a website." But they reduced their demands from $800+ to $200. For me to pay this $200 fee, however, I have to do it within a week. Otherwise, they're rescinding the offer.
I don't intend to pay them anything. I used their image as a way to make my point, so I maintain it's fair use. Also, this one-week time frame is an intimidating tactic that I don't want to play into. What's my next move?
I got an extortion e-mail from Getty recently. I did indeed use the image in question, but I did so intentionally, believing it should qualify as fair use.
I'm a freelance writer and marketing consultant. On my company's blog, I often use examples of writing or marketing found in real life, and I critique these examples to explain whether they are effective, well-written, etc. The post which used the image is about the trend of "clickbait" and "listicles" online. I used the image (and other images) to illustrate my point. For the Getty-owned image, I even say that I found it on the Huffington Post, a popular website.
I wrote to Getty, "Because I use this image in the context of criticism and commentary, its use qualifies as "fair use." When a party's use of copyrighted material qualifies as a fair use, it is not considered an illegal infringement. Therefore, I will not be taking the image down, and I will not be sending you any money."
Getty came back saying they maintain the use is promotional in nature as it's "part of the design element of a website." But they reduced their demands from $800+ to $200. For me to pay this $200 fee, however, I have to do it within a week. Otherwise, they're rescinding the offer.
I don't intend to pay them anything. I used their image as a way to make my point, so I maintain it's fair use. Also, this one-week time frame is an intimidating tactic that I don't want to play into. What's my next move?