MIKE DEWINE

= * OHIO ATTORNEY GENERAL * =

Consumer Protection Seuu 30 East Broad Street, 14th Fioo, Columbus, Ohio 43215 www.OhioAttorneyGeneral.gov

September 26, 2012

YEAH WE DO THAT 3023 ASH CT Gregory Troy MASON, OH 45040-1400

Re:

Getty Images Complaint #: 763541

Dear Mr. Troy Recently, we wrote a letter on your behalf to the above-named supplier requesting a response to the allegations made in your complaint. Enclosed is a copy of the reply we received from them. We understand this explanation may not be satisfactory to you. Unfortunately we are unable to take further action to resolve your complaint through our dispute resolution program. Should you decide this explanation is unacceptable, we would then suggest you contact an attorney in private practice to determine what avenues of relief may be available to you. We regret we can be of no further assistance to you in this matter. Your file will remain a part of our permanent record. The Attorney General thanks you for bringing this matter to our attention. Respectfully, MIKE DEWINE Attorney General of Ohio

Bonnie Comery Assistant Director of Consupfiei/Advocacy Consumer Protection Secti(

(614) 995-1540
bonnie.comery@ohioattorneygeneral.gov (800) 282-0515 Toll Free (866) 815-2530 (Fax) Enclosure
2174

NOTE- Please send all communication electronically when poooiblc.

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getty images'
605 Fifth Avenue South, Suite 400, Seattle, Washington 98104 Tel 206 925 5000 Fax 206 925 5001 www. gettyimages.com

September 25,2012 Via e-mail to bonnie.comerv@ohioattorneygeneral.KOv and fax to (866} 815-2530

Bonnie Comery Assistant Director of Consumer Advocacy Ohio Attorney General, Consumer Protection Section 30 E. Broad Street, 17th Floor Columbus, OH 43215 Tel: (614) 995-1540 Re: Gregory Troy for Yeah We Do That Your Complaint Number: 763541 Our Case Number: 1182895 Dear Ms. Comery: We are in receipt of the complaint filed by Gregory Troy for Yeah We Do That that you forwarded to us on September 19, 2012. We appreciate the opportunity to address Mr. Troy's concerns and apologize for the delay in responding to your correspondence; it was sent to our old address. By way of introduction, Getty Images is the leading creator and distributor of still and moving images. More than 4,000 images per day are licensed on our website, www.gettvimages.com, which features wholly-owned content (i.e., images to which we own the copyright), as weil as exclusively licensed content (i.e., third-party contributor images which are licensed exclusively through us). 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. One such company recently identified as having used unlicensed imagery from our collections is Yeah We Do That ("YWDT")_

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On March 29,2012, we sent YWDT a letter with notification that we had found unauthorized use of one of our images on the website, http://www.yeahwedothat.biz/. The image is part of Getty Images' Rights-Managed "Stone" collection, #10094294 {the "Image"), and can be found on our web site at http://www.gettyimages,com/detail/10094294. We informed YWDT that use of the Image without a license constitutes copyright infringement, and that it must either (i) provide evidence that a iicense was issued, or (ii) pay a fee for use of the Image. In this instance, the fee was $875.00, and we provided an invoice in that amount, which featured a thumbnail of the Image and its image number, along with a "screenshot" of the Image on the YWDT website. The amount invoiced is in line with what typically would be charged fora iicense of the Image under these circumstances. Mr. Troy states that he found the Image on a website, where it was presented as being available for the public to use. However, the Image is available for licensing exclusively through Getty Images and is not legitimately available from any other source. The ability to view content via Google, Yahoo or other internet searches does not mean that the image is not subject to copyright protection. Nor does it mean that permission to use content has been granted. An internet search merely provides responses to the query entered. Indeed, most search engines warn that the content displayed within the search results may be subject to copyright. Mr. Troy questions whether Getty Images has rights in the Image. While confidentiality provisions prevent us from providing copies of our agreements with our photographers, we are the exclusive licensor of the Image, with the responsibility to protect our represented photographer's intellectual property from unauthorized use. We would be glad to provide an affidavit to that effect. Mr. Troy states that he has removed the Image from the YWDT website. While we appreciate the removal, the Image is protected by copyright, and was previously displayed on that website. Copyright law holds responsible anyone who publicly displays an image without authorization of the copyright holder. The use of the Image without a license constitutes copyright infringement, for which we are entitled to seek damages. At this time, Mr. Troy has not raised any valid defenses. Regardless, we remain willing to reach an amicable resolution to this matter. Getty images has acted appropriately and in good faith in pursuing the unauthorized use of our intellectual property. Should you require any additional information about this matter, please do not hesitate to contact us. Regards,

Getty Images - Copyright Compliance