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Catalyst Complaint Cover Page

432192

Complaint
Number 432192 Date 6/11/2013 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Wu, Andrew F $0.00 $1,225.00 $0.00

Location Seattle - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Roger E Clough 134 Stoneycrest Dr Middletown, CT 06457 Phone Day (203) 997-5620 Phone Evening Email (860) 250-0166 cloughrog@yahoo.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 316 Practice Billing Issues

Activities
Date Added 6/26/2013 6/26/2013 7/1/2013 7/1/2013 Activity Type Email to Complainant Email to Respondent Email from Respondent Email to Complainant C Additional Info Needed To: cloughrog@yahoo.com Activity C 1st Letter to Complainant To: cloughrog@yahoo.com R 1st Letter to Respondent To: copyright.compliance@gettyimages.com

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Date Added 7/11/2013 7/11/2013 7/16/2013 7/16/2013 7/16/2013 7/16/2013

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

Activity

R Info from Complainant To: copyright.compliance@gettyimages.com Csup Closing Neutral (C-NEU) To: cloughrog@yahoo.com Rsup Closing Neutral (R-NEU) To: copyright.compliance@gettyimages.com

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Catalyst Report
Complaint Description
Description We are a very small lawncare company in CT. On our website's employment page we used a template with a picture from an open source public domain repository made for wordpress. The one picture was just a close up of a handsahake. A few days ago we received a complaint letter from a Washington company Getty Images LLC. saying they held copyrights to the picture in the web template. We took the image down in good faith as soon as we received a complaint and apologized for the incident. Getty Images is now demanding $1,225.00 for the one month the picture was up. The picture had no clear copyright or watermark and was taken from a public domain website. The demand seemed outrageous and after further research we discovered that this is the usual case with Getty Images. They post pictures in free repositories then threaten companies with lawsuit. They call it speculative invoicing. I was hoping you could look into this shady practice so future people are not taken advantage of. The following link is a forum of other peoples Getty stories, it is quite wrong. http://womeninbusiness.about.com/b/2011/08/23/getty-image-settlement-demand-letter-scam-or-for-real.htm Also upon looking for the copyright in the governments database we found nothing, they provided no real copyright info. The image is called executive handshake and they say its from their taxi collection. Thank You for the trouble. Roger Clough Expected resolution details: Stop speculative invoicing.

AndrewW2

7/11/2013

From: roger clough [mailto:cloughrog@yahoo.com] Sent: Wednesday, July 10, 2013 11:47 AM To: ATG MI Seattle CRC Subject: Re: 432192 : A notice from the Washington State Attorney General's Office The comapny name is DW Burr 123 west st Simsbury,CT 06070 The web address is www.dwburr.com Thanks again so much for your time mediating this. I wasn't expecting such a quick response, its very much appreciated. Thanks Roger Clough IPM supervisor D W Burr landscape and design

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