The Carol M. Highsmith Archive, which is expected ultimately to encompass more than 100,000 images, is accessible royalty-free via the library’s website.
Getty misrepresents the terms and conditions of using the Highsmith Photos by falsely claiming a user must buy a copyright license from Getty.
The lawsuit also names Alamy, a British-based licensing agency that was purportedly the license holder whose rights were infringed.
Neither Getty nor Alamy had the right to claim a license or copyright on her photos, she says.
Getty claimed to Cyrus Farivar of Ars Technica that LCS and Getty have “no operational relationship,” but Highsmith’s lawyers say that’s dubious.
(Indeed, numerous publications, including The Times, have used Highsmith images with credits to Getty.).
Getty nowhere identified Highsmith as the sole creator or copyright owner of the photographs it was hawking to the public. »