More on Getty Images

My earlier post on Getty Image's exorbitant demands resulted in several replies, which are posted here.

A couple of readers pointed to a site in the UK which has much info about Getty and a similar campaign by Corbis. The UK site summarizes the situation and also collects readers' postings.

I make no comment on the accuracy of these postings or whether or not the summary, advice and comments are useful, beneficial or harmful - but they are indeed interesting.

I will point out, however, that UK law is different than Canadian law in at least one material respect. The UK does NOT have Canada's draconian statutory minimum damages provision - which allows for a plaintiff to elect to ask a Court for a minimum of $500 per work infringed. Note that this amount can be reduced to $200 or even less by a Court, especially if there are multiple works involved.

Getty, of course, is asking at the outset in its formulaic demand letters for several times more than the $500 minimum that a Court might award - and in situations where a court might (no guarantees) award far less, even assuming that there is liability in the first place.

A test case on the discretion of a Canadian Court to reduce the statutory damages "minimum" to something more fair and appropriate where it doesn't fit could be interesting.

Once again, I'm pleased to note that David Fewer, Counsel at the wonderful CIPPIC clinic at the University of Ottawa' Faculty of Law, has agreed to keep track of these demands from Getty Images and to consider CIPPIC’s possible involvement. He can be reached at 613-562-5800 ext. 2558. His e-mail is:

dfewer@uottawa.ca

HK