Catalyst Complaint Cover Page

413421

Complaint
Number 413421 Date 7/30/2012 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Offril, Wency V $0.00 $800.00 $0.00

Location Seattle - Lemon Law (Motor Veh. Arbitration) NAICS 541920-Photographic Services

Complainant
Name Vernon Redd PO Box 371 Edgewood, NM 87015 Phone Day (505) 888-6138 Phone Evening Email (505) 281-8629 drvsredd@gmail.com

Respondent(s)
Name Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 Contact Phone (206) 925-6753 Toll Free Email copyright.complian ce@gettyimages.co m

Referral(s)
Name Contact Phone Contact Phone Email

Practice(s)
Code 019 404 Practice Inadequate Disclosure Collection Practices

Activities
Date Added 7/31/2012 7/31/2012 8/9/2012 Activity Type Email to Complainant Email to Respondent Email from Respondent Activity C First Letter to Consumer To: drvsredd@gmail.com R First Letter to Respondent To: copyright.compliance@gettyimages.com

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Date Added 8/9/2012 8/9/2012 8/9/2012 8/10/2012

Activity Type Email to Complainant Email to Respondent Resolution-UNADJUSTED Email from Complainant

Activity Csup Closing Unadjusted To: drvsredd@gmail.com Rsup Closing No Adjustment To: copyright.compliance@gettyimages.com

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Catalyst Report
Complaint Description
Description We posted a recipe on my professional website (docredd.com) for our patients education. A picture was attached to the recipe. There was no indication at all that the recipe or picture were copyrighted. A few weeks later (less than a month) I received a letter from Getty Images, Inc. informing me that I had violated their copy right on the picture and demanding a settlement of over $800.00 or they would take further action against me which I took to mean they would sue me. I was shocked because we had no idea the picture was copyrighted. We immediately removed the picture and sent a letter to Getty Images explaining that we had taken the picture down. I explained that in had been an accident and asked that they withdraw their demand, which was in my mind, unreasonable. They sent a second e.mail stating they would accept $615.00 instead and again, threatened further action (which I took to mean they would sue me) and that the reduced demand would be withdrawn if I did not comply with in five days. I was in a panic and so sent the payment by credit card. Now that I've had time to reflect, I am outraged at this company for engaging in what I believe are predatory business practices and bullying. We checked their web site and found that the cost of the image would have been about $237.00 to purchase, so I wrote them and asked for a detailed explanation as to how they had determined I owed them and additional $500 plus over the cost of what they normally charge for the picture. They never provided me with an acceptable explanation. I pointed out to them that it was impossible to know if a given image was owned by them or anyone else if there was no copyright symbol or statement made on the web site. I feel like a person who has been given a tick for exceeding the speed limit when no limit was posted. How can I comply with a law if no reasonable effort was made to inform me of the law? I am asking not only for your office to intervene in this matter, but that an investigation be conducted in to this companies business practices. Even if the law is on their side justice has not been served in any way whatsoever in this case. I did not retain an attorney because the cost of doing so would be more than the fine they imposed on me. I did talk to a friend who is an attorney and he said I should file a complaint. This sort of business practice is simply wrong. I have respect for copyrights and would never have used the image in question if I had any inkling at all that the image was copyrighted. I is unreasonable that a person should have to research every picture like this before using it to see if there is a copyright on it and especially if the cooking website invites you to use the recipe. I also would like to know if I can contact my credit card company and reclaim my payment pending an investigation by your office. Especially in light of the fact that they declined to provide me the detailed explanation of how they determined the additional fees they charged. At the very least, I feel they should have to return any money paid over and above the cost of the picture but I do not feel I am responsible for any payment because the image in question had no copyright statement or symbol attached to it. I have attached the e.mail documents I have. The original demand letter from Getty Images, Inc. was a paper form mailed to my office and so is not included. Thank you for your assistance. Dr. Vernon Redd

June 27, 2012

License Compliance Team Getty Images Re: Unauthorized Use of Getty Images Photograph Case Number: 1191404 Access Code: [5a] URL: http:lc.gettyimages.com Dear Gentlemen, I am in receipt of your letter dated June 22, 2012 concerning your claim that I used a copyrighted image licensed to you without your authorization. This image was taken from a cooking website that had a recipe for tomato soup. On this web site, there was no indication at all that the image they used was copyrighted or the property of your company. The web site also invited any party to copy the recipe and use it as they saw fit. When we took this recipe we acted in good faith that it was approved for us to do so, as stated by the web site owner. We had no idea this image was your property. As soon as we were informed of the facts by your company we immediately removed the image from our web site. I do not understand why you would hold me liable for this action and demand financial compensation. I understand and respect copy right laws but I feel it is unreasonable to expect any private individual to investigate the legality of every picture that is featured on a recipe / cooking website and to have to double check and see if the recipe or any accompanying picture is copyrighted or registered. If the web site owner states that anyone can copy and use the recipe, then the public should not have to believe otherwise and be fearful that they are committing a crime. Your picture and the accompanying recipe had been used strictly as part of our patient education and were never used for commercial gain, as part of any promotional activity or for any editorial purpose. We provide recipes on our web site for our patients that we deem healthy that help them improve their eating behavior. A cease and desist order from you and my compliance with such, would be reasonable and should be adequate if complied with immediately, as I have. According to your web site, the normal fee for this image is $ 237.00 if we had purchased it. The size of the photo in question that we used was the smallest one available and lowest quality. The $ 834.00 fee you have demanded is the fee for the largest, highest quality version of the photo. I feel this is unreasonable and excessive; especially considering the photo was only on our site for less than 30 days. You do not specify how you have arrived at the average length of use and the average cost of licensing for that period nor how you arrived at the amount you are charging me for any costs incurred related to the pursuit of my use of the image. I would like that information and I do not feel it is an unreasonable request. I have every intention to be as cooperative as possible in the settlement of this situation, but in light of the information I have provided above, I believe it is fair and reasonable that your demand for the $834.60 be withdrawn. I will await your reply. Sincerely, Dr. Vernon S. Redd, DC-APC www.drvsredd@gmail.com

Thank you. Your payment has been received. Your payment (Settlement confirmation: 11670132) is accepted as full and final settlement of the unauthorized use claim against Case Number: 1191405. Settlement of this claim does not constitute permission for future use of the images. If you would like to continue using the images, you must purchase a license. To do so, please contact us. Confirmation of paymentDate: 7/21/2012 Sales order number: 11670132 Case number: 1191405 Payment information:Credit card ending in [5a] Billing information: Redd, Dr Vernon S Pc 10801 Lomas Blvd Ne # 100 Albuquerque, NM 87112 United States Payment details:Subtotal$ 575.00 USD Tax$ 40.26 USD Total:$ 615.26 USD