Complaint Category: Improper collection practices

Complaint 08/23/2013: Getty Images is claiming my company has violated a copyright. I have sent two letters asking for them to prove the ownership and/or copyright of the photo in question. We requested the following information to ascertain whether Getty Images has standing to pursue any claim or negotiate any settlement and to assess whether the suggested amount of the settlement would be reasonable. 1. Copy of the copyright registration of the image(s) in question. 2. Signed and dated paperwork from the photographer that transfers copyright to Getty Images. 3. Creative image number(s) in the Getty Images library. 4. The date which Getty Images claims the image(s) entered their library. 5. Sales records, including all fees, of the image(s). 6. The exact date(s) that the alleged infringement started. 7. The method in which the amount for settlement demand was determined. They have not provided any information and just respond with generic emails and claim that they do not need to prove anything. They are harassing my company. It appears that I am only one of thousands of others who have experienced their unlawful collection practices.

Business' Initial Response Your File # XXXXXXXX We are in receipt of the complaint referenced above that you forwarded to us, but we are unable to identify the matter to which this complaint corresponds. In order for us to appropriately respond, we ask that the complainant please provide either the case number referenced in our initial correspondence or other identifying information, such as the name of the business or web site addresses which relate to this complaint. Thank you for your assistance.

Regards, Getty Images - Copyright Compliance

Consumer's Final Response (The consumer indicated he/she DID NOT accept the response from the business.) Here the the requested case #XXXXXXX

Business' Final 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. 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. The Complainant questions whether Getty Images owns the copyright in the Image. 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 also states that Getty Images has not provided proof of copyright, but the Complainant appears to confuse copyright registration and copyright ownership. Copyright exists the moment a work, including a

photograph, is created. Registration is optional and is not a requirement of copyright ownership. Consequently, copyright registrations are not required of us to pursue infringements on behalf of our contributors. While it would be necessary to provide these registrations in order to file suit, this is our attempt to settle any infringement without further action. 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 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