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Getty Images Letter Forum / Re: Getty answered to Carol Highsmith
« on: September 16, 2016, 01:51:46 PM »
For an image, or any other work, people say "sell it", but what does that mean? It used to mean selling a copy, before software and internet took us all over, but in the digital world that copy often comes with licensing terms attached. So what do I sell? If I sell really a "copy" of a public domain image, and not a "license", then it's fine.
In a transaction for a copyrighted image in digital form, like on Getty's site, it's easy to forget or ignore the copy in itself (it's easy to right click), the buyer/seller care instead about the licensing terms, because well that's what they say they're selling: the licensing, or rights to "use". By that license, the seller allows you to make a copy, for a limited or unlimited time, and gives you rights to display etc.
For copyrighted images that they have the rights to license to you, it works.
For a public domain image, however, I can't sell "rights to use" because you already have all rights to use (you can copy, display, distribute the image yourself).
So hey, how about misleading you. I'll just claim "intellectual property rights" in the image and even pursue "infringements" for "uses" on the web. I tell ya that I own something I do not; I deny in your face that you have rights to copy, display the work, and I intently make you believe that you are not permitted to "use" the work unless you pay me up.
Oh and when I end up in court, I'll innocently tell the judge I never claimed intellectual property rights over public domain images...
In a transaction for a copyrighted image in digital form, like on Getty's site, it's easy to forget or ignore the copy in itself (it's easy to right click), the buyer/seller care instead about the licensing terms, because well that's what they say they're selling: the licensing, or rights to "use". By that license, the seller allows you to make a copy, for a limited or unlimited time, and gives you rights to display etc.
For copyrighted images that they have the rights to license to you, it works.
For a public domain image, however, I can't sell "rights to use" because you already have all rights to use (you can copy, display, distribute the image yourself).
So hey, how about misleading you. I'll just claim "intellectual property rights" in the image and even pursue "infringements" for "uses" on the web. I tell ya that I own something I do not; I deny in your face that you have rights to copy, display the work, and I intently make you believe that you are not permitted to "use" the work unless you pay me up.
Oh and when I end up in court, I'll innocently tell the judge I never claimed intellectual property rights over public domain images...