Complaint Category 08/19/2013: None of the Above - Credit, Billing or Collection Complaint Issue

Complaint: Getty Images sent a letter saying that they will sue me if I don't pay them $1286.00 since I infringed on their website photo copyright. When designing my website a couple of years ago, I paid for most of the pictures except for the ones that my website designer supplied. The picture that Getty says that I infringed on their rights is one of the pictures the website designer had. Last year I received a letter saying that I owe Getty damages of $780; I instantly had the picture taken off the website and sent a letter saying all is done. Getty wrote me back and let me know that I am at fault even though I didn't put up the picture, even though I didn't know that it was copyrighted, and even though I took it down. Then a year later, ********* ************ ******** *** sent me a letter in regards to the copyright infringement and that they are going to sue me if I don't pay $1286.00. I've looked online and on BBB, it seems like ********* might be a scam. As a small business owner, I don't have the time or the money to afford to be scammed. Would you check this out for me? Thank you for your time. I look forward to hearing from you soon.

Initial Business Response Re: ******** ************* ********* ****** ************ (the "Complainant") Your File # XXXXXXXX Our Reference # XXXXXXX We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.

By way of introduction, Getty Images is a leading creator and distributor of digital content, including still and moving images. We license thousands of images each day on our website, www.gettyimages.com. Customers such as graphic designers, advertising agencies, and publishers license our imagery for a variety of purposes, including but not limited to print advertising, billboards, newspaper and magazine articles, brochures and websites. Our license information is clearly available from each page of our website, and we do not permit the use of our imagery without a license. Notwithstanding the license requirement, like other digital media companies, Getty Images does fall victim to individuals pirating its intellectual property. To combat this, Getty Images uses both employees and digital image recognition software to locate entities that have used Getty Images' imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections. We sent the Complainant a letter with notification that we had found use of our imagery on their website; that we had been unable to locate a license for such use; that use of the imagery without a license constitutes copyright infringement; and that the Complainant must either: (i) provide evidence that a license was issued, or (ii) pay a fee for use of the imagery. We included an internal case reference number and provided proof of use, showing our image and associated data, along with a screenshot of the image in use on the Complainant's website. We also asked the Complainant to contact us immediately if they believe they received our letter in error. The unauthorized use fee is in line with what we would typically charge for a license under these circumstances. Even if the Complainant has removed our imagery from their website, removal alone does not resolve this matter. Our imagery is protected by copyright. Getty Images either owns or is the exclusive licensor for the image(s) at issue. Copyright law holds responsible anyone who copies or publicly displays an image without authorization of the copyright holder. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required. Thus far the Complainant has failed to produce a valid license or raise any valid

defense to copyright infringement. The Complainant's use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. We do not doubt the Complainant's statement that the imagery was provided to them by a third party. However, as the end user of Getty Images' imagery, the Complainant is ultimately responsible for ensuring that it has obtained appropriate rights to use the image. Getty Images can locate no licenses issued for use of the image on the Complainant's website. The Complainant's use of the image without a license constitutes copyright infringement, for which we are entitled to seek damages. The Complainant questions whether Getty Images owns the copyright in the imagery. While confidentiality provisions prevent us from providing copies of our agreements with our photographers, Getty Images is the exclusive licensor of the image, with the responsibility to protect our represented photographer's intellectual property from unauthorized use. The Complainant characterizes our attempts to settle our copyright infringement claims as a "scam." However, demand for payment in satisfaction of a legal claim is not wrongful conduct. We understand that copyright law can be confusing; however, the campaign to file complaints against us is misguided and misdirected. We encourage review of the license compliance information provided on our web site at: http://company.gettyimages.com/license-compliance/. As noted above, Getty Images has acted appropriately and in good faith, and we are well within our legal rights to seek damages for unauthorized use of our images. Should you require any additional information, please do not hesitate to contact us. We remain hopeful of reaching an amicable resolution to this matter. Regards, Getty Images - Copyright Compliance

Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) Hello, I'm willing to negotiate a reasonable amount to make this case go away. The rights to the picture are $435 and the legal administrative fees are $350, as noted in the letter sent to me on May 2, 2013. In good faith, I am willing to pay $785; in exchange I ask that that the payment is held in escrow until I receive a receipt of release stating that the case is fully resolved, no more money is due, and that I can use the picture again on my website. Thank you, ********

Final Business Response Re: ******** ************* ********* ****** ************ (the "Complainant") Your File # XXXXXXXX Our Reference # XXXXXXX

We are in receipt of the above Complainant's response to our previous letter summarizing Getty Images' claim for copyright infringement. Getty Images has acted appropriately and in good faith in pursuing the unauthorized use of our intellectual property. We remain hopeful of reaching an amicable resolution to this matter in the near future. Should you require any additional information, please do not hesitate to contact us. Regards,

Getty Images - Copyright Compliance Complaint Resolution: Company addressed the complaint issues. The consumer failed to acknowledge acceptance to BBB. - See more at: http://www.bbb.org/western-washington/businessreviews/photographs-stock/getty-images-in-seattle-wa37000916/complaints#breakdown