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09-22-2013, 04:41 PM   #46
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QuoteOriginally posted by eastman Quote
Not necessarily. The image use violated the contract requirements Getty placed upon NYSDHR. I highly doubt Getty had any direct involvement with the creation of the ad. The image probably was sourced through one of the microstock divisions owned by Getty, so the payment to Getty was likely under $100.
That Getty provided the image without a model release is likely to make them liable, regardless of any contract requirements or the source division.

QuoteOriginally posted by eastman Quote
The only responsibility is on the ones who used the image improperly. NY requires releases for anything other than news and editorial, and they didn't have one.
Exactly why NYSDHR will likely be held corporately liable. Of course, the person who chose and approved the photo's use will probably be looking for another job soon (if they are not already on the street).

09-22-2013, 04:59 PM   #47
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What really sucks is all the parties to the arguments have to hire attorneys to settle the matter. Getty has nearly limitless funds to defend itself. New York (the State of) has unlimited time and money to defend itself - literally. The Plaintiffs will be forced to settle out of court for a small remittance because they won't be able to finance a proper jury or Administrative Law Judge trial.

Getty and the State (if they are intentional actors, not just witless rubes) know this and cna use it to their advantage.
03-16-2014, 04:20 PM   #48
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... so here is the next turn of the screw.
QuoteQuote:
Several months after model Avril Nolan sued stock photography giant Getty Images for displaying her portrait and licensing it to the New York State Division of Human Rights for an HIV-related advertisement, a judge ruled the lawsuit will be taken to court rather than dismissed as Getty had hoped for.

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