Re: Having trouble getting my head around what exactly is at issue here
>I don't think they need to claim that, simply that the images were used without paying or permission to use those images, and that the usage was for commercial gain.
If a judgement in their favour were secured on that basis (I don't think this is the case) it would be, in my view, disastrous. For example, that would be the end of any appraisal of copyrighted materials* and any artist would have to be very careful to never mention viewing a copyrighted piece of work.
*or, worse, the rights holder only granting permission to individuals guaranteed to generate a positive review and/or making the production of a positive review a condition of viewing for the purposes of review
Then again, this is the same Getty that sued a photographer for using her own images, which she had released for free use (Carol Highsmith).