Getty Images

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Getty Images
Type Private
Industry Publishing, media, web design
Genre Stock photography
Predecessor(s) Getty Communications, PhotoDisc
Founder(s) Mark Getty, Jonathan Klein
Headquarters Seattle, Washington, U.S.
Products Digital images, audio, video
Services Rights-managed and royalty-free images, audio and video
Owner(s) Carlyle Group
Subsidiaries PhotoDisc, Tony Stone Images, Hulton Getty, Jupiterimages
iStockphoto
Website www.gettyimages.com

Getty Images, Inc. is an American stock photo agency, based in Seattle, Washington, United States. It is a supplier of stock images for business and consumers with an archive of 80 million still images and illustrations and more than 50,000 hours of stock film footage. It targets three markets—creative professionals (advertising and graphic design), the media (print and online publishing), and corporate (in-house design, marketing and communication departments).

Getty has distribution offices around the world and capitalizes on the Internet and CD-ROM collections for distribution. As Getty has acquired other older photo agencies and archives, it has digitised their collections, enabling online distribution. Getty Images now operates a large commercial website which allows clients to search and browse for images, purchase usage rights and download images. Costs of images vary according to the chosen resolution and type of rights associated with each image. The company also offers custom photo services for corporate clients.

History[edit]

In 1995, Mark Getty and Chief Executive Officer Jonathan Klein co-founded Getty Investments LLC. Mark Getty is the company's chairman.

In September 1997, Getty Communications, as it was called at the time, merged with PhotoDisc, Inc. to form Getty Images.

In April 2003, Getty Images entered into a partnership with Agence France-Presse (AFP) to market each other's images.[1]

Getty Images acquired the Michael Ochs Archives in February 2007.[2] The Michael Ochs Archives were described by The New York Times as "the premier source of musician photography in the world".[3]

In 2008, the private equity firm Hellman & Friedman (H&F) acquired Getty Images.

In 2009, Flickr announced a partnership with Getty Images in which specially selected users could submit photographs for stock photography usage and receive payment. In 2010 this was changed so that users could label images as suitable for stock use themselves.[4]

In 2012, H&F put Getty up for sale.[5] As of the ensuing sale to Carlyle Group, the company was said to have an archive that included 80 million stills and illustrations.[6]

Acquisitions[edit]

PhotoDisc's online image sales website (2000)
The Hulton Archive website (2001)

Since its formation, Getty Images has pursued an aggressive programme of acquisition, buying up many privately owned agencies that had built up the stock photography industry, from small family-run firms to larger agencies. By 1999 it had acquired one of the largest agencies, Tony Stone Images; the online art seller Art.com; the sports photography agency Allsport; the market leader in the Benelux and Scandinavia: Word View (1996, from Mr. Bert Blokhuis, 4 offices, for undisclosed sum); journalistic specialists Liaison Agency; Newsmakers the first digital news photo agency; Online USA, a specialist in celebrity shots; and the Hulton Press Library, the former archive of the British photojournalistic magazine Picture Post. The Hulton collection was sold by the BBC to Brian Deutsch in 1988, when it was renamed Hulton Deutsch. In 1996, the Hulton collection was sold on once more, this time purchased by Getty Images and renamed Hulton Getty. With the acquisition of the Hulton library, Getty Images took ownership of the rights to some 15 million photographs from the British press archives dating back to the Nineteenth Century. Hulton Getty also included photographs from the Keystone Collection, as well as images by notable photographers such as Bert Hardy, Bill Brandt, Weegee and Ernst Haas.[7]

Getty has branched out into stock audio, music and sound effects. And also video with the acquisition of EyeWire and Energy Film Library.[8]

In 2000, Getty acquired one of its main competitors, Archive Photos of New York (a division of The Image Bank), for US$183 million.[8] The Archive Photos library was combined with the Hulton Getty collection to form a new subsidiary, Hulton Archive. Archive Photos had been formed in 1990 from the merger of Pictorial Parade (est. 1935) and Frederick Lewis Stock Photos (est. 1938), two well-established US photo agencies. Their collections included archive images from The New York Times, Metronome and George Eastman House, and works by photographers such as Ruth Orkin, Deborah Feingold, Murray Garrett, Nat Fein and John Filo.[7]

Further acquisitions followed, with the purchase in 2004 of image.net for US$20 million.[9] On February 9, 2006, the microstock photo website iStockphoto was acquired by Getty Images for US$50 million.[10] In 2007, Getty successfully purchased its largest competitor, MediaVast, for $207 million. The acquisition meant that Getty Images gained control of WireImage (Entertainment, creative, and sports photography), FilmMagic (fashion and red carpet photography), Contour Photos (portrait and studio photography). Getty Images also acquired a host of other subsidiaries including "Master Delegates" who include:Isifa Image Service in Prague, Laura Ronchi in Italy.[11]

On October 23, 2008, Getty Images announced their intention to buy Jupitermedia's online images division, Jupiterimages, for $96 million in cash.[12] The sale went ahead in February 2009; Jupiterimages (including the sites stock.xchng and StockXpert) is now a wholly owned subsidiary of Getty, while Jupitermedia, now trading as WebMediaBrands, continues its internet publishing business which was not sold to Getty Images.[13]

In December 2008, it was announced that Getty Images was acquiring Redferns Music Picture Library, the London-based music photography collection.

Corporate ownership and management[edit]

In February 2008, it was announced that Getty Images would be acquired by the private equity firm Hellman & Friedman in a transaction valued at an estimated US$2.4 billion.[14] On July 2, 2008, Getty Images announced the completion of its acquisition. Getty Images common stock ceased trading on the New York Stock Exchange at the close of the acquisition and was delisted from the NYSE.[15]

In 2012, H&F engaged investment bankers to sell the company. While a price of $4 billion was initially discussed, in August when the private equity firm Carlyle Group emerged as the likely acquirer, the price under consideration was said to be $3.3–3.4 billion. CVC Capital Partners Ltd. was also said to have been bidding but had yet to top Carlyle's price.[5] The sale to Carlyle thereafter was announced at $3.3 billion, with co-founders Getty and Klein and the Getty family all carrying their investments over into the new ownership structure. Getty will also continue to serve as chairman and Klein as chief executive.[6]

Controversial practices to enforce copyright[edit]

Beginning in 2008, Getty Images has created controversy in its manner of pursuing copyright enforcement on behalf of its photographers. Rather than pursue a policy of sending out "cease and desist" notices, Getty typically mails out a demand letter claiming substantial sums of damages to owners of websites which it believes have used their images in infringement of their photographers' copyright. Getty commonly tries to intimidate website owners by sending collection agents, even though a demand letter cannot create a debt.[16]

One photographer noted: "courts don't like to be used as a means of extortion." In one case, Getty sent a church in Lichfield, Staffordshire, a £6,000 bill for photographs used on its website, apparently placed there by a church volunteer. In this case, the church offered to pay Getty what it thought was a reasonable amount. The diocese's communications director said:

"Getty was not playing ball or following the normal litigation or dispute resolution procedures and [I advised the church] to ignore them. We don't deal with bullies; we deal with legal threats appropriately. I told [Getty] by letter that's what [the church was] doing, that we were not going to play, and didn't hear any more."[16]

The Guardian described other instances in which Getty or other stock photo businesses dropped the matter when a website owner refused to pay or hired a lawyer. A law firm was quoted as saying: "Once we get involved generally Getty does back off."[16]

In 2009, Oscar Michelen, a New York attorney who focuses on such damages claims, said: "The damages they're requesting aren't equal to the copyright infringement," and "there's no law that says definitively what images are worth in the digital age."[17] He called Getty's effort to assess four-figure fines "a legalized form of extortion."[17]

In an effort to combat online copyright infringement, in March 2014 Getty Images made over 35 million images available free for non-commercial online use via embedding with attribution and a link back to the Getty Images website.[18][19] According to Getty Images executive Craig Peters, "The principle is to turn what's infringing use with good intentions, turning that into something that's valid licensed use with some benefits going back to the photographer".[20]

Copyright infringement lawsuits[edit]

In 2009, Car-Freshener Corp. filed a lawsuit against Getty Images in U.S. Federal Court, Northern District New York (Case 7:09-cv-01252-GTS -GHL).[citation needed] Car-Freshener claimed that Getty Images had in its catalog photos that included the famous "tree-shaped" trademarked car fresheners. In 2011, Getty Images attempted to have the case dismissed, but its motion was denied.[21] In 2012, Getty Images agreed to settle by paying $100,000 to Car-Freshener Corp., but admitted no wrongdoing.[22]

In September 2013, Avril Nolan brought a $450,000 suit against Getty Images. Nolan alleges Getty Images improperly allowed her image to be used in advertisements depicting her as HIV-positive. She claims the ad's depiction of her as HIV-positive (she is not infected by the disease) hurt her personal and professional relationships and caused her emotional distress.[23]

In November 2013, Getty and Agence France-Presse were ordered to pay $1.2 million compensation to freelance photojournalist Daniel Morel for using his images posted on Twitter related to the 2010 Haiti earthquake without his permission, in violation of copyright and Twitter's terms of service.[24][25]

References[edit]

  1. ^ "Getty Images and Agence France-Presse (AFP) Enter Into Partnership to Increase Breadth, Depth, Reach and Quality". Getty Images press release. Getty Images. 1 April 2003. Retrieved 2008-11-23. 
  2. ^ "Getty Images Acquires the Michael Ochs Archives". Getty Images. February 27, 2007. Retrieved May 11, 2010. 
  3. ^ Schwarz, Alan (May 28, 2006). "They Had Faces Then: An Archive Keeps Stars Ever Young". The New York Times. Retrieved May 11, 2010. 
  4. ^ Shiels, Maggie (2010-06-17). "Getty taps into Flickr snappers". BBC News. Retrieved 2012-03-06. 
  5. ^ a b Alesci, Cristina, and Jeffrey McCracken, "Carlyle Group Said to Be Leading Bidder for Getty Images", Bloomberg, August 14, 2012. Retrieved 2012-08-14.
  6. ^ a b "Carlyle in $3.3 Billion Deal for Getty Images", New York Times Dealbook, August 15, 2012. Retrieved 2012-08-15.
  7. ^ a b "About Hulton Archive". Hulton Archive. 2001. Archived from the original on 2001-10-21. Retrieved 2009-08-14.  (archived on the Web Archive)
  8. ^ a b Gross, Larry P.; Katz, John Stuart; Ruby, Jay (2003). Image ethics in the digital age. University of Minnesota Press. ISBN 978-0-8166-3824-6. 
  9. ^ "About image.net". 
  10. ^ "Getty Images Buys iStockPhoto.com For $50 Million". About The Image. 
  11. ^ "Getty Images Acquires Its Italian Master Delegate, Laura Ronchi, S.p.A.". 
  12. ^ D'Souza, Savio (2008-10-23). "Jupitermedia to sell online image unit to Getty". Reuters. Retrieved 2009-08-14. 
  13. ^ "Jupitermedia Announces Completion Of Sale Of Jupiterimages To Getty Images and Change Of Jupitermedia Name to WebMediaBrands". 2009-02-23. Retrieved 2009-08-13. 
  14. ^ "Getty Images Press Release" (Press release). 25 February 2008. 
  15. ^ "Getty Images Announces Completion of Acquisition by Hellman & Friedman" (Press release). 2 July 2008. Retrieved 9 October 2010. 
  16. ^ a b c Grossman, Wendy, "Is a picture really worth £1,000?", The Guardian, 27 November 2008. Retrieved November 2011.
  17. ^ a b Lazarus, David (September 13, 2009). "Controlling illegal use of copyrighted material on the Web - Los Angeles Times". Articles.latimes.com. Retrieved 2013-09-12. 
  18. ^ Laurent, Olivier (March 5, 2014). "Getty Images makes 35 million images free in fight against copyright infringement". British Journal of Photography. Retrieved March 6, 2014. 
  19. ^ Brustein, Joshua (March 6, 2014). "Since It Can't Sue Us All, Getty Images Embraces Embedded Photos". Bloomberg Businessweek. Retrieved March 7, 2014. 
  20. ^ Brandom, Russell (March 5, 2014). "The world's largest photo service just made its pictures free to use". The Verge. Retrieved March 7, 2014. 
  21. ^ Michelen, Oscar (4 October 2011). "Makers of Pine-Tree Deodorizers Allowed to Proceed With Lawsuit Against Getty Images". Courtroomstrategy.com. 
  22. ^ Michelen, Oscar (28 August 2012). "Getty Images Pays $100K to Settle Car-Freshener Suit". Courtroomstrategy.com. 
  23. ^ Marsh, Julia. New York Post http://nypost.com/2013/09/19/woman-sues-getty-after-photo-appears-in-hiv-positive-ad/ |url= missing title (help). 
  24. ^ Ax, Joseph (November 22, 2013). "Photographer wins $1.2 million from companies that took pictures off Twitter". Reuters. Retrieved November 25, 2013. 
  25. ^ Laurent, Olivier (November 24, 2013). "Getty Images disappointed at $1.2m Morel verdict". British Journal of Photography. Incisive Media. Retrieved November 25, 2013. 

External links[edit]