GETTY IMAGES FENDS OFF CMI CLAIM IN SOURCE CREDIT RELYING ON EQUITABLE ESTOPPEL

October 31, 2018

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Getty Images successfully had a case against it dismissed by a federal judge in the Southern District of New York in which another image distributor, Zuma Press accused it of copyright infringement and of altering copyright management information by not including its information in the source credit of the digital content and sought substantial statutory damages. Getty Images prevailed on both claims by using a defense called “equitable estoppel”. This defense has to do with fairness, and prevents a party from claiming they suffered an injury at the hands of another when the first party’s own activity mislead the second party into causing the injury. The court further noted that Getty Images lacked the necessary statutory intent for a violation of integrity of copyright management information.

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