NEWS Getty sues to block Microsoft image tool
Digital picture library Getty Images has sued Microsoſt over a new feature in its Bing search engine that
allegedly encourages website publishers to use unlicensed images on their sites.
The Bing Image Widget, introduced two weeks ago, allows website owners to display and manipulate online images supplied via the Bing Image Search engine to “enhance” the look of their sites.
Getty has complained that the feature makes it too easy to use unlicensed images.
According to its complaint, filed at the US District Court for the Southern District of New York yesterday (September 4), the supply of images for the widget is “in the billions”, including every single image that appears online, as well as the more than 80 million owned by Getty.
“In effect, defendant has turned the entirety of the world’s online images into little more than a vast, unlicensed ‘clip art’ collection ... all without seeking permission from the owners of copyrights in those images,” the complaint added.
Te widget user’s searched images will appear as a background, gallery or slideshow on its site, depending on how it customises Bing’s readymade code.
Many websites have made use of the Bing Image Widget since it was launched on August 22. A furniture store in Georgia has created a slideshow of oak trees on its website using the tool, while a holiday accommodation site displays a “collage” of pictures from the Croatian resort Makarska based on the search query “croatia markaska (sic)”.
Getty said that by freely providing the images, Microsoft has eliminated the incentive for
Twitpic to close after Twitter trademark dispute
Photo-sharing platform Twitpic has announced it is closing down aſter the social media site Twitter opposed a Twitpic application to trademark its name.
Te application was filed by Twitpic in 2009 with the US Patent and Trademark Office, but was challenged by Twitter. Te platform will be closed on September 25 aſter the founder of Twitpic, Noah Everett, decided it did not have the funds to enter into legal action with the social media site.
In a blog post on the Twitpic site, Everett said Twitter contacted it, requesting
it give up
its application or “risk losing access to their application programming interface”.
“Unfortunately, we do not have the resources to fend off a large company like Twitter to maintain our mark, which we believe wholeheartedly is rightfully ours. Terefore, we have decided to shut down Twitpic,” he added.
A spokesperson for Twitter told TBO: “We're sad to see Twitpic is shutting down. We encourage
www.trademarksandbrandsonline.com website owners to seek proper licences from it.
It has asked the court to find that Microsoſt wilfully infringes its copyrights and to enjoin Microsoſt from continuing to infringe. It also seeks damages.
In March, Getty made more than half its then 60 million-strong photograph portfolio usable for free with an embed tool of its own.
developers to build on top of the Twitter service, as Twitpic has done for years, and we made it clear that they could operate using the Twitpic name.
“Of course, we also have to protect our brand, and that includes trademarks tied to the brand,” Twitter added..
Trademarks & Brands Online Volume 3, Issue 3 9
CLAUDIO DIVIZIA /
SHUTTERSTOCK.COM
VAL LAWLESS /
SHUTTERSTOCK.COM
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