Catalyst Complaint Cover Page

364594

Complaint
Number 364594 Date 5/3/2010 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Hatcher, Sandra M $0.00 $875.00 $875.00

Location Seattle - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Richard Porter Barker 11615 268th Drive NE Duvall, WA 98019 Phone Day (425) 486-8551 Phone Evening Email (425) 788-6489 rickbark@verizon.net

Respondent(s)
Name Getty Images 2101 4th Ave Ste 500 Seattle, WA 98121 Microsoft Corporation One Microsoft Way Redmond, WA 98052 Virginia Pinkney Contact Phone (206) 695-3400 Toll Free Email licensecompliance@ gettyimages.com agletter@microsoft.c om

Referral(s)
Name Contact Phone Contact Phone Email

Practice(s)
Code 316 Practice Billing Issues

Activities
Date Added 5/4/2010 5/4/2010 Activity Type Email to Complainant Email to Respondent Activity C First Letter to Consumer To: rickbark@verizon.net R First Letter to Respondent To: licensecompliance@gettyimages.com

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Catalyst Report
Complaint Description
Description My Company Barker & Associates LLC purchased and licensed a copy of Microsoft Windows Vista for the exclusive use of our business. Included in the software are Sample pictures. At the same time I signed up for Microsoft Office Live which included a free website for my businesses. When I created the website I inserted an image file which came with the Vista program in the sample images directory. The photo contains no warning that its use requires a fee or is under Copyright protection either directly printed on the bottom of the picture itself, or in the file descriptions. (See Attached) I could find no warning in the packaging which came with Windows Vista which indicated that use of the images included with Windows Vista were restricted, and required a fee to Getty Images. I received a letter from Getty Images dated April 22, 2010 that said I had improperly infringed upon their copyright when I used the image from the Sample picture file, and that I needed to send them a check for $875.00 to recitify the issue or they are going to come after me legally. I feel that the company is trying to bully me into making a payment to them for an image which as far as I can does not adequately warn end users it is protected by a Copyright. I would like for you to help me resolve this situation. I will agree to stop using the image, but the idea of charging me $875 goes to far. I believe the company did not adequately inform end users the images were under copyright protection. I believe the company should have issued a warning to the unsuspecting end user to stop using the image, and if it has not been removed over some reasonable time span then a charge could be assessed. Expected resolution details: Allow my business to comply by removing the image, but not charging a settlement fee of the $875.

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SandraH

5/6/2010

From: rick@barker-assoc.net [mailto:rick@barker-assoc.net] Sent: Thursday, May 06, 2010 9:59 AM To: ATG MI Seattle CRC Subject: Richard Barker Complaint Thank you for researching my complaint against Getty Images. I thought I should send you a response I received from the Company. Apparently, your influence has helped to resolve the situation for me. Thank you. Rick Barker From: Sam Brown [mailto:sam.brown@gettyimages.com] Sent: Monday, May 03, 2010 10:31 AM To: rick@barker-assoc.net Subject: RE: Reference Number 6335966-972303 CRM:09512353 Dear Richard, Thank you for taking the time to address this matter. Please note that your company was not authorized to use this image in a commercial capacity. After some internal discussion, and taking into consideration the circumstances of your case, Getty Images has decided to lift its claim of unauthorized use. This decision was made under the condition, and is contingent upon, the cessation of the usage in question immediately, if it has not been done so already. Regards, SAM BROWN Copyright Compliance Specialist Getty Images License Compliance sam.brown@gettyimages.com http://www.youtube.com/watch - v=O8hipWTY6bw

Getty Images Headquarters 601 North 34th Street Seattle, WA 98103 USA Phone: 206.925.6714 (direct) Fax: 206.925.5001 2010 Getty Images, Inc. PRIVILEGED AND CONFIDENTIAL This message may contain privileged or confidential information and is intended only for the individual named. If you are not the named addressee or an employee or agent responsible for delivering this message to the intended recipient you should not disseminate, distribute or copy this e-mail or any attachments hereto. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail and any attachments from your
364594

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June 1 , 2010

st

Mr. Richard Porter Barker th 11615 268 Drive NE Duvall, WA 98019 RE: File# 364594 Dear Mr. Barker, A copy of your report filed with the Washington State Attorney Generals Office regarding the commercial use of a sample image file included with Windows Vista, was previously forwarded to Microsoft. When the report was received a case was opened for further investigation. In your complaint you stated that you received a letter from Getty Images, the company that licenses the image, asking for payment of $875 for using the sample image without a license and could find no warning in the packaging that the images were restricted. Microsoft obtained the media from Getty Images under the terms of a Getty Images license. This license required that Microsoft insert the following provision in our end user license agreement regarding an end users use of the media provided by Getty Images: Icons, images and sounds. While the software is running, you may use but not share its icons, images, sounds, and media. Images within Microsoft Vista are made available to end users for their personal use within the software, and are typically used as avatars, screen savers, and other similar uses. If a customer has a question regarding use of an image obtained from Microsoft Vista for use outside of Microsoft Vista, we have referred those customers to the media provider for additional clarification, and if necessary, to obtain additional permissions. Our website contains information regarding the use of Clip Art and Sample Art included with Microsoft products, accessible through our terms of use, and located at: http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Permissions/Default.aspx#ELC The section applicable to Sample Images is reprinted below: Clip Art and Sample Art The End-User License Terms that accompany your software describe the permitted commercial uses of images, clip art, animations, sounds, music, shapes, video clips, and templates that accompanied the product. Find End-User License Terms for Microsoft products. The Clip Art and Media gallery provides a compilation of artwork. See the use terms for the description of permitted uses. If those terms do not meet your needs, our Clip Art partners at Office Online provide a variety of images you can license directly. In the absence of language to the contrary in the License Agreement, Sample Art (which includes images customarily found in the "sample" folders within Microsoft operating systems) may be used for personal use only. You may not sell, lease, or distribute Sample Art, or any materials you create that use Sample images, for any commercial purposes.

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When we received the complaint our representative contacted Getty on your behalf and found they had also been sent the same letter from the Washington Attorney Generals Office regarding your concerns. It is our understanding that Getty Images has ceased the enforcement action and will not require the fee of $875. We believe that this matter is now resolved. We at Microsoft care about each customers experience with our company and it is our hope that you will continue to be a valued customer. Sincerely,

Kathleen S. Cole Response Management Microsoft Corporation 1 Microsoft Way SammD/2 Redmond, WA 98052

cc: Sandra Hatcher, Washington State Attorney Generals Office Katrina Billington, Microsoft Legal and Corporate Affairs

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