Getty Images recently announced that it will allow free noncommercial embedding of 35 million of the images in its stock photography database. This is a good step toward better supporting a variety of users. Getty is clearly seeing its images appear across the web anyway, so it’s decided to go down the embed road, similar to how other content providers like YouTube handle the media they host. By requiring embedding, Getty will be able to track where its photos are being used online, and reserves the right to display advertisements. The announcement demonstrates a general understanding that Getty needs to meet users halfway in providing content in ways that is affordable, useable, and aligned with how people wish to share online today. At the same time, users may run into roadblocks in using Getty content, and openly-licensed resources could provide a straightforward alternative.
The Getty terms also state that images “may not be used … for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship…”. The British Journal of Photography, in an interview with Getty Images representative Craig Peters, clarifies Getty’s interpretation of the boundaries of noncommercial use.
Blogs that draw revenues from Google Ads will still be able to use the Getty Images embed player at no cost. “We would not consider this commercial use,” says Peters.
Creative Commons has maintained a static definition of noncommercial use in its licenses over the years (which has earned its share of criticism). In license version 4.0 “NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation.”
The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms.
Finally, the Getty terms prohibit uses “outside of the context of the Embedded Viewer”, which means that you can’t use the Getty images in remixes, videos, or really anywhere that doesn’t use embeds. On the other hand, CC-licensed images permit reuse in any medium. The licenses grant users authorization to exercise their rights under the license “in all media and formats … and to make technical modifications necessary to do so.”
It’s good that Getty Images is providing free online access to millions of images. But the advantages of CC-licensed photos is clear: users can’t have the content pulled out from underneath them, the images can be used for any reason in any format, and in many cases images are licensed for broad reuse and modification. And remember, there’s a huge trove of Creative Commons-licensed images out there too (not to mention millions of photographs in the public domain for use without any restrictions whatsoever!). Flickr now contains over 300 million CC-licensed photos. Wikimedia Commons hosts over 20 million multimedia files (a large proportion which are openly-licensed photographs being used on Wikipedia). Or even check out Google Images or Bing to easily discover CC-licensed images.