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Fake Invoice Fraud isn't a legal category, but fraud is. It's currently possible, legally, for Getty to license public domain images as long as they don't make
by TimTheTinker 8y ago
Fake Invoice Fraud isn't a legal category, but fraud is.
It's currently possible, legally, for Getty to license public domain images as long as they don't make a false written representation that the images are their own. If Getty grants some usage permissions on paper to public domain works, that may constitute legal nonsense, but it's not fraud. Note it could be argued that such a license, or the purchase arrangements alongside it, contain false implied representations constituting fraud, but it'll be next to impossible to pin them on that without targeted legislation or existing judicial precedent (which I don't think currently exists).
The thing is, people sign contracts and purchase licenses every day that contain non-enforceable legal nonsense (like a non-compete clause on an employment contract in California). It's very hard to legally define legal nonsense, thus it's likely impossible to stamp out altogether. The best we can do is outlaw specific types of legal nonsense, like licenses granting permissions on public domain works.