The Los Angeles Times quoted Manatt’s Robert Jacobs, co-chair of the firm’s entertainment, sports and media litigation practice, in an article about a copyright dispute between Getty Images and photographer Carol Highsmith.
The photographer brought the suit after receiving a letter from a Getty subsidiary over her use of her own pictures, which had been donated to the Library of Congress for public use, claiming she had infringed the license holder’s rights. The publication notes that Getty says it sells such services as legal indemnification for the use of images taken from its inventory — a valuable service given the complex nature of copyright law.
Many people don’t understand that “ownership of copyright is distinct from ownership of the object,” cautioned Jacobs. That means they could still be liable for copyright infringement even if they’ve paid for a specific image. “Clearing” copyrightable material for commercial use — that is, identifying its rights owners and obtaining their permission — is a complicated task that often challenges even professional publications.
Read the article here.