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Getty Images has filed a Copyright infringement against Her Campus magazine. It is an online magazine, which targets female college students. They publish articles submitted by students. Getty Images Inc. is a visual media and image licensing company, with headquarters in Seattle, Washington United States. It is a supplier of editorial photography and stock images. Getty alleged that the Her Campus publishes photographs of Getty Images without any license or authority. This activity led to the Copyright infringement suit.
The legal or beneficial owner has a right to institute an action for any infringement of Copyright. Section 501 to 513 under Title 17 of the United States Code and deals with Copyright infringement and Remedies. If the court finds that Copyright is infringed then the law says that the infringer is liable to Copyright owner's actual damages and additional profits of the infringer or statutory damages. In a case where the burden of proving is on Copyright owner and if Court finds that the infringement was done with willful intention, then the Court may award a sum of not more than $1,50,000 to the Copyright owner.
The case is filed before the US District Court for the District of Massachusetts on May 10th 2019. District Judge Leo T.Sorokin is assigned with this case. According to the plaintiff, Getty Images Inc came to know about the infringement in January 2018. Two thousand images of Getty are infringed. To restrain these activities Getty sent several notices of infringement to Her Campus.
The founders of the magazine are Stephanie Kaplan, Windsor Hanger Western and Annie Wang. Her Campus calls for articles with photographs for submissions. According to Getty, the authors (students) submit their articles with photographs and some of these photographs are used without a license in the said magazine.
Thus Getty filed a Copyright suit against Her Campus. The suit says that Her Campus earns profit and expands business by using the infringed images. The plaintiff sent many notices to restrain the defendants but they paid no heed to their words. The plaintiff says that as the defendants are the owner of the magazine, so they are the controller of its activities. It is alleged against defendants, that they wilfully infringed the Copyrighted work. The Court proceedings in the coming date will decide the fate of the plaintiffs and defendants. However, Getty claims $ 1,50,0000 per infringement.