Morel, in his memorandum of law, says that AFP’s defense would fail even its own policies. On the Getty Images’ website, according to Morel’s representatives, a document titled Copyright 101 states that one of the common misconceptions about copyright is that if “an image is on the internet, it’s in the public domain and I don’t need permission to use it.”
via British Journal of Photography.
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I don’t think AFP have a leg to stand on here. Even their own staff seem to recognise that they are guilty. As to Getty, I would say they probably do have a case that this is AFP’s fault and not their’s, which would be why Getty now appears to be throwing AFP under the bus.
I really hope that Morel wins this one – it seems that from the start AFP believed they could beat him because they have very deep pockets for fighting a case like this. Respect to Morel for sticking with it.
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