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> A sculptor who created a replica of the Statue of Liberty for a Las Vegas casino was awarded $3.5 million in damages last week after the US Postal Service (USPS) accidentally used a photo of his statue Wouldn't that imply that the copyright owner is actually the Casino, and not the sculptor? And if the USPS purchased a license to use a photograph, and Getty sold them the rights to use the photograph, wouldn't Getty bare some responsibility? EDIT: From Getty EULA, you are responsible: Unless specifically warranted above, Getty Images does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreements as a result of your use of the licensed content. |