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Can I use Getty Images for free under 'Fair Use'?
Anonymous7 views4 answers
I'm creating a collage/juxtaposition of images to be displayed for free & for educational purposes as well as for commentary & criticism. I'd like to incorporate an image from Getty. I'm under the impression that this is under 'fair use’ because it is noncommercial use, it will be displayed in a nonprofit gallery & the image is being used for educational commentary as a community art project to stimulate discussions around race, class, & gender. The images are layered, arranged in a transformative way, not just a derivative copy. I'm creating something new, not just reproducing the images. Getty reported that I'd still have to purchase a license because all of the images on the site are copyrighted.I was told that they can't provide their content free. Are Getty images never for fair use?
You give us subjective self-serving statements and ask if you are safe from suit by Getty. No, you are not safe. Getty Images does not make money letting you slide, as that sets a costly precedent for them. You probably cannot defend yourself if you have to come here with your self-serving conclusions and try to get some "green light". Getty Images usually threatens but then rarely sues. Are you feeling lucky today? The better approach is likely to use public domain images and thus avoid the most aggressive stock photo house's images or to pay for the images you use. Why not ask Getty Images about discounts for educational usage.
The problem with fair use scenarios is that "fair use" is a legal defense. It does not keep you out of court. If a copyright owner opposes your use they are free to drag into court and force you to defend your use as "fair." That said, whenever you intend on relying on these guidelines you best be right and it should be obvious that you are. I would probably consult a lawyer to offer a proper analysis before making any investment. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Lapin, LLC
Another thing you should consider is how much you're willing to spend fighting about it. Getty has comparatively unlimited resources for litigation as opposed to the people they normally pursue on copyright matters. You might be barely on the right side of the fair use line, but how many thousands of dollars are you prepared to spend to defending your rights? You may be willing and able to litigate this point in order to establish a principle, but most people would be better off just finding a different image that doesn't come loaded with risk.
Robert Scott LawrenceIntellectual Property Law AttorneySanta Ana, CA ·
The standard fair use analysis applies, but Getty is never going to tell you that you can use their photos in any capacity without paying a license -- they are always going to hit you up for a fee.
If the use is truly transformative and used for educational purposes, it may pass "fair use" muster, but if you are concerned you should have a reputable local IP lawyer review it before you put it up as part of the community art project.
