Copyright Infringement Question

I have a question regarding photos that I sell through Getty Images. Can a buyer buy my photo and then legally resell it online as their own work? I do not see in my agreement with Getty that buyers are able to do that.

In 2015, a well-known company bought one of my bird photos as a "Premium Access - Time Limited Purchase". I have recently found two places that the photo is being resold as prints by them through two other companies for much more per one copy than I even made off of it. They are also stating that the photo was taken by their company team member!

According to my contract with Getty, I am not able to contact the company myself and I am not getting anywhere with Getty regarding this. I do read in the contract that I would need to reimburse them any legal expenses if they pursue any copyright infringement cases.

Should I contact Amazon, one of the sites it is being sold on? Do you think I will get in legal trouble bringing it to their attention? Should I just drop it and let them continue to resell it?

Advice needed and much appreciated!

It definitely sounds wrong. I wish I could help more, but I would do a quick check with a lawyer. A quick review of the contract they should be able to tell you if you have a case. If you do, a few threatening letters, including to Getty, would be in order.

I would be curious how the agreements are set up. For example, is your contact with Getty or with the groups?

I'm sorry to hear that, Denise.

Lawyers are expensive, is there enough potential revenue from the image to make that worthwhile?

I have no experience with Getty. No one wants my images :(

Dave

Quote:

---

Originally Posted by Kayaker72

It definitely sounds wrong. I wish I could help more, but I would do a quick check with a lawyer. A quick review of the contract they should be able to tell you if you have a case. If you do, a few threatening letters, including to Getty, would be in order.

I would be curious how the agreements are set up. For example, is your contact with Getty or with the groups?

---

I have been emailing back and forth directly with Getty. They say that I need to fill out their standard form first which first requires you to wait three months and then the questions on the form are more for if someone stole the photo. That is not the case with me, it was purchased and then reposted for sale on various sites. I do not know if they ever sold copies of it but with the prices they have it listed for, it would take only two sales for them to make more than they paid. One sale would put them well, well over what I made off of the sale to them after Getty got their cut. I have had many photos stolen over the years and used on websites, etc. which is annoying enough but this is the first I ever saw of a company using one to profit from and claim it as their own work.

Quote:

---

Originally Posted by Dave Throgmartin

I'm sorry to hear that, Denise.

Lawyers are expensive, is there enough potential revenue from the image to make that worthwhile?

I have no experience with Getty. No one wants my images :(

Dave

---

It is annoying at best but not worth the cost of legal action. I mostly wish I could at least contact them and put a stop to the selling of it as there own work. I get sleazy people do this all the time and that is the risk you take putting photos online but an upstanding company is shocking to me. It isn't even that great a picture to take that risk!

Dave, your photos are amazing and you could definitely get so many of them accepted for sale through Getty ...just take my advice, you don't want to! You make a very small percentage from every sale! It was flattering when I first started to have Getty accept them and to see my sales statement every month and seeing companies use my photos legitimately for advertising and on their products but Getty is definitely not the way to go to make money. I make more money selling them on products through other websites. I haven't given any more of my photos to Getty in years and now I never will again.

I would bet that Amazon removes it from their site once you notify them. They would want no part of it.
I used to sell merchandise on EBAY. It was common for other vendors to steal your add photos. Once you notified EBAY it was yours they would pull the add.
Not quit the same but it is bad business for them to promote a thief.