83 karma · joined August 17, 2017
Getty made a mistake, and notified USPS a few years before the lawsuit. This was four months after the image was licensed. USPS continued to use the image from 2011 through 2014 knowing that there was no property release and that one was needed.
What is interesting about this case is the artist was not aware of the infringement, did not register the copyright and did not file suit until 2013, and the court is still considering a royalty for unused stamps from before the copyright registration. The court case is far from over though, given the size of the settlement it will be appealed.
Second there is a major distinction between commercial use and fine art. Selling an image on a stock photo site to be used in an advertisement requires a release from any models, or from the sculptures copyright owner in this case. If they were selling a limited number of fine art prints they would not need a release.