Getty Images has filed a competition law complaint to the European Commission against Google Inc, focusing specifically on changes made in 2013 to Google Images, the image search functionality of Google, which has not only impacted Getty Images' image licensing business, but content creators around the world, by creating captivating galleries of high-resolution, copyrighted content.
The complaint follows on from Getty Images’ submission in June 2015, when it joined as an interested third party in support of the European Commission’s existing investigation into Google’s anti-competitive business practices.
The Commission’s current proceedings against Google are wide reaching, with Google accused of distorting search results in favour of its own services. This affects a myriad of industries, from media companies such as Getty Images, to comparison shopping and travel websites. Last week, a further set of proceedings were issued against the search engine, to address Google’s business practices around its Android mobile operating system.
Because image consumption is immediate, once an image is displayed in high-resolution, large format, there is little impetus to view the image on the original source site. These changes have allowed Google to reinforce its role as the internet’s dominant search engine, maintaining monopoly over site traffic, engagement data and advertising spend. This has also promoted piracy, resulting in widespread copyright infringement, turning users into accidental pirates.
Getty Images’ General Counsel, Yoko Miyashita says, “Getty Images represents over 200 000 photojournalists, content creators and artists around the world who rely on us to protect their ability to be compensated for their work. Google’s behavior is adversely affecting not only our contributors but also the lives and livelihoods of artists around the word – present and future. By standing in the way of a fair marketplace for images, Google is threatening innovation, and jeopardising artists’ ability to fund the creation of important future works. Artists need to earn a living in order to sustain creativity and licensing is paramount to this; however, this cannot happen if Google is siphoning traffic and creating an environment where it can claim the profits from individuals’ creations as its own.
“Getty Images believes that images have the power to move the world by spurring action and driving change. It is key that these issues with Google are addressed and that the dominant search engine in Europe leads users to legitimate sources for imagery, rather than creating an environment that benefits Google alone. A fair marketplace will allow photographers to continue to capture the ground-breaking imagery that informs and impacts the world every day.”
Getty Images firmly supports a more image-rich, digital world, but one that recognises and remunerates the content creators who create this imagery. In 2014, Getty Images launched its embed tool, which revolutionised the visual content industry by making imagery available for easy, legal sharing at no cost for non-commercial use. This embed functionality provides consumers with an easy, legal alternative to the ‘right click’, an alternative that ensures the content creator is appropriately credited for their work and that the image is clearly traceable to Getty Images in the event that a user wishes to license the image for a commercial purpose.
Go to wherewestand.gettyimages.com/advocacy to learn more about how Getty Images is working with policy makers and industry groups to defend intellectual property and ensure a fair marketplace for content creators.
