Getty Images recently announced an Embedded Viewer feature that gives bloggers — and anyone who runs a site for “editorial, noncommercial uses” — legal access to publish millions of its images, free of charge. Since the announcement some sites have widely (and incorrectly) reported j how the feature can be legally used, and by whom. Admittedly, with good reason: The delineation between commercial and non commercial use can be quite muddy.
Clearly, Getty’s embed feature is off limits for “commercial use,” which Getty defines as “intended to sell a product, raise money, or promote or endorse something.” Though it’s obvious that plastering your packaging with an embedded Getty image would be a clear violation of the rules, what about the gray areas, like posts you make to your small businesses Facebook page but that are intended to connect and engage with customers-but don’t inherently promote your business or product? (Though then again, they kind of do, seeing as how you’re in the business of trying to make a buck)?
Aside from the confusion behind how you can legally use the feature if you’re a blogger who makes a little money from your hobby, or a business owner, you should also know that the “embed” feature comes with some specific terms of use — and potential drawbacks that may nullify the “free” aspect altogether. Here are some reasons I advise that you proceed using Getty’s Embed Viewer with caution.
The image is only approved if you use the “embed” feature. Though Getty’s move may feel like a random act of kindness amid the confusion that can surround image rights usage laws there’s still room for error (and costly fines) if you don’t understand how the embed feature works–and what you’re agreeing to when you use it.
For starters, not all Getty images have the embed feature; those that do have an icon that looks like this </> under the image. (If you don’t see that symbol, you can’t use the image without paying for it). For the images with the icon indicating they are “embeddable,” simply click on the embed icon (</>) in the image detail, and copy and paste the HTML code that appears into your site’s source code.
Getty can change the game. Under the Getty Images Site Terms of Use, Getty can “remove Getty Images Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Getty Images Content.” If you have an image embedded and Getty changes the terms of the image’s use for whatever reason, you must be prepared to remove the image swiftly and completely. How Getty will communicate that the terms have in fact, changed, how long you have to respond and remove/replace the image, or what will appear in the image’s place if you don’t respond, isn’t addressed in Getty’s site policy.
You can’t use the images for any purpose you wish. Though embedded Getty Images can be used on your website, blog or social media posts, Getty strictly defines the usage rights as limited to content that is “newsworthy, or of public interest.” The trouble with that statement? It’s quite subjective, particularly if you’re a small business owner who likes to share information online with those who share your interests (but may also be your customers). Though Getty clearly states that you cannot use the free embedded images for “any commercial purpose” which includes “advertising, promotions or merchandising,” or to “suggest endorsement or sponsorship,” what you consider a “newsworthy” announcement shared on your businesses’ Facebook page with an accompanying Getty embedded image could be perceived by Getty as a marketing promotion.
Per a live online chat i had with Andy, a Getty rep on March 7th, you ARE allowed to use the embed feature if for example, you are simply sharing information (like a scientific study) with an audience (even if that audience is your customer)–but not doing so to sell or promote something.
But again, those are muddy waters. Take this example as a case in point. I own a prenatal yoga business called Om for Mom. If I share a scientific study about the benefits of say, meditation, on Om for Mom’s Facebook page, and I support it with Getty’s embedded image feature, am I promoting for commercial gain, or am I not?
Technically, I don’t teach meditation, so I’m certainly not selling it. But in the same idea, that post is giving my customers a reason to believe the benefits of a yogic lifestyle–and my business does sell prenatal yoga classes. I’m not a lawyer, but I’d imagine that’s a courtroom argument that could be costly.
Should you find yourself in the same situation, you could have a legal battle with Getty images on your hands, all for communication that you thought qualified for legal use of a free embedded image.
Your site could become host to Getty advertising. When you embed an image using Getty’s new feature, the image automatically includes full copyright information, and a link back to the image’s dedicated licensing page on the Getty site. Just as you cannot fail to credit Getty for the image use, you cannot link the images back to your own site. With this feature, Getty also knows who uses its images, where, and for what purpose, at any given time.
While that may seem perfectly like a perfectly fair trade off for a company who is in the business of selling licensed images but allowing them to be used for free, closer inspection of the Getty Images Site Terms of Use hints that there may be more to the Embedded Viewer feature than Getty trying to place nice in the proverbial sandbox. Under its Terms of Use, “Getty Images (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Getty Images Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.” Translation? Wherever you post embedded images can become a free host to whatever advertisements Getty or its partners want to run.
