Complaint Category: Failure to substantiate charges

Complaint 09/30/2013: On April 30, 2013 I received a letter from ***** Images indicating that my website (created by a webdesigner in 2012) had used a stock photo that was licensed by Getty Images. There were no watermarks or copyrights. The web designer obtained the picture from a "free stock photo" site. I showed her the letter and she did some research and found that Getty "plants" their images on free sites, and then bills the website owner for the amount of the license. I have enclosed all pertinent documents. I responded that I wanted to see the actual copyright registration "for the specific image" and complete documentation

Initial Business 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 imagery. While confidentiality provisions prevent us from providing copies of our agreements with our photographers, Getty Images is the exclusive licensor of the imagery, with the responsibility to protect our represented photographer's intellectual property from unauthorized use. The Complainant further states that they found the image online via a "free stock photo" site. However, Getty Images has not issued any licenses to any third party which would allow for commercial web redistribution of the image. The ability to view content via Google, Yahoo or other internet searches does not mean that

the imagery 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. The Complainant also claims that the imagery did not have any watermark or copyright information. However, copyright exists the moment a work, including a photograph, is created. Watermarks or notices of copyright are not a requirement for copyright protection. Regardless, Getty Images does include watermarks and notices of copyright on its web sites. 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

Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) They have continued to evade my request for information that supports their claim. I stand by my original request since this is reasonable.I can only assume that they do not have the information that I have requested (proof that this image was not on a "free website").

Final Business Response We have received the Complainant's response to our previous letter summarizing Getty Images' claim for copyright infringement. Getty Images refers to the points made in that previous letter and reiterates that it has acted appropriately and in good faith, and that we are well within our legal rights to seek damages for unauthorized use of our images. Should the BBB require any additional information about this matter, please do not hesitate to contact us. Sincerely, 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