Catalyst Complaint Cover Page

398130

Complaint
Number 398130 Date 11/18/2011 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Holbrook, Ruth E $0.00 $0.00 $0.00

Location Bellingham - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Melissa Dayr 13119 Seattle Hill Rd Snohomish, WA 98296 Phone Day (425) 224-4490 Phone Evening Email mdayr@seattlehillphysicalt herapy.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 999 Practice Other/Miscellaneous

Activities
Date Added 11/18/2011 11/21/2011 11/21/2011 11/21/2011 Activity Type Request for Review Reviewed Email to Complainant Email to Complainant Activity consider 397887 I think we can process so that R can explain their position. C First Letter to Consumer To: mdayr@seattlehillphysicaltherapy.com Csup Info Incomplete To: mdayr@seattlehillphysicaltherapy.com

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RK-00542 PRR-2012-00283

Catalyst Report
Complaint Description
Description Getty Images - possible scam? Dear Mr McKenna, We are a new physical therapy office located in Snohomish and our office received a notice from Getty Images, lc.gettyimages.com, advising us we are using an image on our website without authorization or license. According to the notice we have 14 days from November 10th, 2011, to provide them with a Getty Images' sales order or meet their demand of $875.00 as a fine for use of said image. You can imagine our surprise at receiving such a notice. As a new business we did a lot of marketing but were very careful of online exposure and any information or images used and hired professional individuals to assist us. We do indeed have the image on our website but it was downloaded as a free image from graphicshunt.com for our newsletter and Graphics Hunt is credited. This is the link to the image we used, www.graphicshunt.com/wallpapers/images/skiing-756.htm. I searched for more information about Getty Images, who seems to have no affiliation with the prestigious Getty Museum in California, and found disturbing reports of other people who have also received similar notices and demands for payment for fines. In one, a user posted his letter to and response from Getty Images with threats of court action extortionletterinfo.com/mycase.htm. Other information I found leads me to believe this could be a scam, that their address in Fremont (601 N 34th St, Seattle, 98103) is just a store-front for a business based in India. If this is indeed a scam we have no intention of paying; but we have questions: ??? Is this legitimate? ??? If they do own the rights to an image that was lifted from their site by Graphics Hunt without authorization, are we protected? ??? Are there other reports of scams by this company? We would appreciate any advice or assistance your office could offer. Thank you,

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11/21/2011

From: Melissa Dayr [mailto:mdayr@seattlehillphysicaltherapy.com] Sent: Monday, November 21, 2011 11:43 AM To: ATG MI Bellingham CRC Cc: Rick Jusko Subject: RE: 398130 : A notice from the Washington State Attorney General's Office Thank you for your note and assisting us with this situation. I have gathered further information since my first note to you: My first search of Gettys site for the image in question resulted in no matches; however we have since found the image they say we are using without authorization. Attached you will find a screen shot of both images with URLs for the location of their image and ours. As you will see, they are similar, but, indeed, not the same. Gettys image is of a poorer quality and has the sponsors name scrubbed off the racers jersey. Ours is brighter, cleaner, and includes the copyrighted sponsor logo on the racers jersey. Thank you, melissa dayr office manager 425-224-4490 fax 425-224-4491 THIS EMAIL AND ANY FILES TRANSMITTED WITH IT ARE CONFIDENTIAL AND ARE INTENDED SOLELY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM THEY ARE ADDRESSED. These documents may contain information covered under the Privacy Act, 5 USC 552(a), and/or the Health Insurance Portability and Accountability Act (PL 104-191). If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error, please return immediately to the sender and delete this copy from your system. Thank you for your cooperation.

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