Sunday, November 24, 2013

Morel Suit Against Getty and AFP, Verdict Now In

Revisiting the "What the Hell Were They Thinking" file, the verdict has been released in the Morel copyright suit against Getty and AFP.

They jury found the companies guilty of willful copyright violations and awarded the maximum amount possible $1.2 Million, stating they were "outraged" over the companies' behavior.  Technically, it's $1.2 Million for the copyright violations.  There were non-copyright damages awarded, but nothing close to the damages for copyright violations.

The outcome was fairly predictable given the behavior of the two companies in this case, especially AFP.

The financial hit for AFP could be staggering.  Getty has an indemnification clause in its contract with suppliers, like AFP, which could force that company to foot the entire verdict amount.  That's on top of the millions of legal fees it has incurred over the last 3 1/2 years.


Then there's the hit to the reputation of both these companies.  Getty provides a huge amount of material to the daily print media.  They now have to wonder if Getty is providing images they have been authorized to use by the copyright owner.  News outlets might start avoiding Getty now, creating a financial hit to that company as well.

Source:
EPUK's Daily Coverage of Morel/AFP trial

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