Getty defends Microsoft lawsuit
Digital picture library Getty Images has defended its decision to sue Microsoft, revealing that it was not a decision it took lightly and that it is acting on behalf of photographers and right holders.
John Lapham, Getty’s general counsel, said filing the complaint was difficult given its “longstanding relationship” with Microsoft but that it believes the use of tools such as the Bing image widget requires permission from copyright holders.
Last week, WIPR reported that Getty had sued the computer software company over the Bing image widget, a new feature in its search engine that allegedly encourages website publishers to use unlicensed images on their sites.
The widget, introduced last month, allows website owners to display and manipulate online images supplied via the Bing image search engine to “enhance” the look of their sites.
Getty has complained that the feature makes it too easy to use unlicensed images, including more than 80 million of its own.
It sued Microsoft at the US District Court for the Southern District of New York on Thursday (September 4).
In a statement to WIPR following the complaint, Lapham added: “We simply believe that tools like the Bing image widget require the permission of the copyright holder, and our goal is to prevent any further use of the widget without proper consent from photographers or right holders.”
It its complaint, Getty said Microsoft had “in effect, turned the entirety of the world’s online images into little more than a vast, unlicensed ‘clip art’ collection ... all without seeking permission from the owners of copyrights in those images”.
Getty is demanding that the court finds Microsoft wilfully infringes its copyright and to enjoin Microsoft from continuing to infringe it. The company is also seeking damages.
Several websites have made use of the widget since it was launched on August 22.
A spokesman for Microsoft said it would take a close look at the concerns.
“As a copyright owner ourselves we think the laws in this area are important,” he added.
