Complaint Category: Improper collection practices Complaint 06/03/2013: I found an image and used because it did not ask

for payment and appeared to be free. Now I'm being sent a demand letter or else... This is an email from *** ***** regarding how he contacted me...

---------- Forwarded message ---------From: *** ***** <*********@***************> Date: Wed, *** 8, **** at 1:14 PM Subject: RE: Graphic in question - Flash flyer - XXXXXXX To: **** ******* <**************@gmail.com> Cc: Kevin Genteman <**********@centurytel.net>

FOR SETTLEMENT PURPOSES ONLY

****,

As you *** know, ***** Images represents the world's leading photographers and licenses their work to provide the world's most compelling visual imagery to its customers. ***** Images' responsibility to its represented photographers is not only to appropriately license the use of their images to its customers, but to also protect its represented photographer's intellectual property from unauthorized use. We have an obligation to our photographers to investigate and seek restitution for past unauthorized uses.

To clarify, Copyright law requires permission from the photographer-or an authorized representative of the photographer-before an image can be copied or displayed. Indication of copyright (such as watermarks or copyright symbols) has not been a requirement of copyright protection for over 20 years. If it was assumed that the imagery could be taken due to the lack of indication advising otherwise, that assumption would have been inconsistent with the law. Google is merely an internet search engine reporting back search results derived from websites all over internet-including websites belonging to our customers. Google does not represent the photographers of these images. Further, Google even warns their users that images found in such a manner could be protected by copyright.

Looking at the thread of communication that has been forwarded to me, it appears that use of the image at issue was relatively-brief. In consideration of this usage, ***** Images would be willing to make a one-time reduction in our demand for settlement, lowering the amount due from $875 to $500. This offer would be contingent upon complete cessation of the image (from any digital or print format)-and payment being received by *** 17, ****. Payment of this amount according to the aforementioned terms will serve as full and final settlement of this matter. This offer is made on a without prejudice basis and will automatically be withdrawn if payment is not made according to the conditions above.

Please remit check payment to:

Regular Mail: ***** Images (US) Inc

PO Box XXXXX Seattle, WA XXXXX-XXXX For Overnight Mail: US Bank-Seattle Lockbox fbo ***** Images #XXXXX 2500 E ******************* Renton WA XXXXX-XXXX

Alternatively, ***** Images can process a credit card payment online at lc.*************** with the following credentials:

Case Number: XXXXXXX Access Code: roIfa5x2

***** Images looks forward to settling this matter between our companies quickly and amicably. The terms of this settlement offer shall be kept confidential, except as *** be required by law. ***** Images expressly reserves all rights and remedies available under copyright law. We appreciate your continued attention to this ongoing matter. Regards, *** ***** Copyright Compliance Specialist ***** Images License Compliance lcinfo.***************

www.stockphotorights.com Copyright 101

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http://corporate.***************/source/images/GI_118.gif ***** Images Headquarters 605 5th *********************** Seattle, WA XXXXX USA Phone: 206.******** (direct) Toll Free: X-XXX-XXX-XXXX ext. 6714 Fax: 206.******** Business' Initial Response Re: **** ******* (Pilates & Yoga Center of Lake St. Louis) (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, ***** 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, ***** Images does fall victim to individuals pirating its intellectual property. To combat this, ***** Images uses both employees and digital image recognition software to locate entities that have used ***** 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 evidence of their use of our imagery for online promotional and/or editorial purposes; 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 the online use at issue, removal alone does not resolve this matter. Our imagery is protected by copyright. ***** Images either owns or is the exclusive licensor for the image(s) at issue. 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. 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, ***** 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, ***** 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