[HN Gopher] My new hobby: finding public domain images that Gett...
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       My new hobby: finding public domain images that Getty sells for
       $500
        
       Author : app4soft
       Score  : 75 points
       Date   : 2023-03-19 21:40 UTC (1 hours ago)
        
 (HTM) web link (twitter.com)
 (TXT) w3m dump (twitter.com)
        
       | [deleted]
        
       | josephcsible wrote:
       | Isn't it fraud to sell copyright licenses for things that you
       | don't own the copyright to? If so, then why isn't the CEO of
       | Getty in prison? If not, why not?
        
         | qwery wrote:
         | It might be fraud/criminal to sell a license to something _that
         | someone else holds the copyright to_.
         | 
         | > why isn't the CEO of Getty in prison?
         | 
         | CEOs usually won't even be charged for their (what we would
         | call) "crimes", it wouldn't be fair given the sacrifices they
         | make. Of course, it's also part of the treaty between our kind
         | and theirs. In exchange for them saving humanity and the
         | planet, humanity looks the other way from time to time.
        
         | nl wrote:
         | These are public domain so out of copyright.
        
           | [deleted]
        
         | paulryanrogers wrote:
         | Because public domain means you can sell it in any form you
         | like, modified or original?
         | 
         | Claiming it's an entirely original work would be lying. Not
         | sure it would be a crime.
        
           | josephcsible wrote:
           | > would be lying. Not sure it would be a crime.
           | 
           | Doesn't fraud basically mean lying for financial gain?
        
         | PufPufPuf wrote:
         | They could argue that it's derivative work based on public
         | domain resources. Getty cropped the picture from the public
         | domain scans and cleaned it up a bit.
        
           | freeone3000 wrote:
           | You don't need to. They're public domain.
        
       | paxys wrote:
       | As is always the case with such things, they are not selling the
       | image but the convenience.
       | 
       | The one linked in their example is on the first page of Getty
       | search results for "old telephone sketch", along with dozens of
       | other similar options. Being able to pick one I like in 3 clicks
       | is easily worth the $500 when compared to having to go to the
       | library (or Google Books or wherever else), digging up old books
       | that may or may not match the subject, finding appropriate
       | illustrations, hi-res scanning, editing in Gimp...
        
         | rezonant wrote:
         | Yeah, as long as they aren't threatening legal action for the
         | image, I think this is fine. I'd like to think they wouldn't be
         | so dumb as to try to bring litigation for an image like this,
         | but then again, if they think they can get away with it...
         | 
         | The most upstanding thing to do would be to put source
         | information in the listing. They don't need to proclaim it
         | public domain up front, but it would be ethical to provide that
         | detail if one were interested in inquiring.
        
           | UncleEntity wrote:
           | > Yeah, as long as they aren't threatening legal action for
           | the image...
           | 
           | They would never do that...
           | 
           | https://www.latimes.com/business/hiltzik/la-fi-hiltzik-
           | getty...
        
         | toomuchtodo wrote:
         | I enjoy the public service Cory is performing here. If more
         | people want to spend time doing so and contributing back to the
         | Wiki Commons, I think that's an objectively good thing. A
         | rising tide and all that. Might even be able to automate the
         | workflow using TinEye (to fingerprint stock photos and then
         | find the public domain source for optimization and upload).
         | 
         | With regards to stock photos in general, it looks like Deep
         | Learning like Stable Diffusion (and the resulting public
         | domains images [1]) are the future.
         | 
         | [1] https://news.ycombinator.com/item?id=35191206
        
       | hncommenter13 wrote:
       | I'm not defending all of Getty's business practices, obviously.
       | But my understanding of what Getty is selling is both convenience
       | and a degree of legal protection for media buyers. If you buy an
       | image from them, they will, in writing, guarantee you that it is
       | legally permissible to use, provided you follow the terms of the
       | agreement.
       | 
       | https://www.gettyimages.com.au/eula [Australian terms], Section 9
       | reads in part:
       | 
       | Representations and Warranties. Getty Images makes the following
       | representations and warranties:
       | 
       | Warranty of Non-Infringement. For all licensed content (excluding
       | content marked "access only"), Getty Images warrants that your
       | use of such content in accordance with this agreement and in the
       | form delivered by Getty Images (that is, excluding any
       | modifications, overlays or refocusing done by you) will not
       | infringe on any copyrights or moral rights of the content
       | owner/creator. Additional Warranties for Certain Content.
       | 
       | RF: For licensed royalty-free content (excluding content marked
       | "editorial" or "intended for editorial"), Getty Images warrants
       | that your use of such content in accordance with this agreement
       | and in the form delivered by Getty Images (that is, excluding any
       | modifications, overlays or refocusing done by you) will not
       | infringe on any trademark or other intellectual property right,
       | and will not violate any right of privacy or right of publicity.
       | 
       | RM/RR: For licensed rights-managed and rights-ready content where
       | Getty Images specifically notifies you that a model and/or
       | property release has been obtained, Getty Images warrants that
       | your use of such content in accordance with this agreement and in
       | the form delivered by Getty Images (that is, excluding any
       | modifications, overlays or refocusing done by you) will not,
       | where a property release has been obtained, infringe on any
       | trademark or other intellectual property right and/or will not,
       | where a model release has been obtained, violate any right of
       | privacy or right of publicity.
        
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       (page generated 2023-03-19 23:01 UTC)