I have an image on my website that was obtained through some free image database. I just received an email from Getty Images stating that the image belongs to them, and that simply removing the image will not suffice, they want me to pay for the retroactive time it has been on my site. Do they actually have a valid claim here?
Yes, they may in fact have a legitimate claim. The artist is the owner of an image s/he created. It may have been assigned to Getty and Getty may have the right to enforce the copyright. Getty is very aggressive about going after businesses who use their photos. We have successfully represented businesses in defending their use. If your picture was taken by your photographer and you bought the rights, or you have a license agreement, or possibly your website developer has a license agreement, you may have a good defense. If not, sometimes we are able to help businesses negotiate a better solution with Getty.
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