By James Simons.-
A photographer is suing Getting images and a distributing company called Alamy for infringing the.copyright of her pictures.
MS Carroll Highams claims that Getty images have been extortionate by selling her pictures to other companies. 18, 755 pictures she has given Getty Images.since the 90’s were allegedly sold for profit, in what she has referred to in court papers as “gross misconduct”.
Ms Higham alleges that the photographs were intended to be freely accessible to the American public and that she had insisted from the very beginning that she wanted to be credited for her pictures.
Her desires for the pictures to be freely accessible to the public has always been stated in her website, she claims.
Instead, Mswas furious to learn that she was being considered as one infringing copyrights of the company, when she was asked to put her own pictures down and pay a 120 pounds fine.
The Licensing Compliance Services (LSM) has asked her to prove she is the rightful owner of the copyright, if not, to take the pictures down from her site, and pay a 120 dollars fine.
Shocked by the situation, she hired lawyers to sue both Getty Images and Alamy for infringement of her copyrights to the several thousands.of.pictures.
Getty Images.claim the damages she is asking for is excessive and unorthodox. However, she has lodged the groundbreaking legal suit, one of the largest ever for a copyright suit. Getty Images seem to be retreating in their initial defiant response, and attempting to resolve the issue, though the legal process has already been put in gear.
. Ms Higham has certainly been generous in her willingness to give the public free access to her pictures, and it isn’t too much to ask for credits for her own intellectual property.
Miss will have to provide the written agreement contained in the contract she had with her th e company, or any form written communication that signals what she agreed with the company.
However, the fact her wishes for the thousands of pictures are stated on her website to be for free distribution may be sufficient to justify her legal position in this case.
If indeed she made such agreement with th the company, it will be liable to damaged for the infringement pursued and any consequential damages.
1 bn dollars is a monumentally high figure to claim for damages,.and could bring the usually reputable Getty Images to its knees, if they are forced to pay that huge amount.