getty images attorney general complaint 15

7/31/2019 Getty Images Attorney General Complaint 15

1/11

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date

Name Contact Phone Toll Free Email

Getty Images

605 5th Ave S Ste 400Seattle, WA 98104

(206) 925-6753 copyright.complian

[email protected]

403937

2/29/2012

Respondent(s)

Complaint

Bellingham - Consumer Protection Division

Date Added Activity Type Activity

3/3/2012 Email to Respondent R First Letter to Respondent To:[email protected]

3/3/2012 Email to Complainant C First Letter to Consumer To:[email protected]

3/21/2012 Email from Respondent

3/21/2012 FAX from Respondent 03-21-2012 from gettyimages. duplicate of email

541920-Photographic Services

Assignee Holbrook, Ruth E

$0.00

$1,225.00

$0.00

Code Practice

019 Inadequate Disclosure

Practice(s)

Closed

Referral(s)

Name Contact Phone Contact Phone Email

403937

CatalystComplaint Cover Page

Name Phone Day Phone Evening Email

First Choice Mobile Home Salesc/o Jamie Vander Haar6538 Division Ave SGrand Rapids, MI 49548

(616) 532-6665 (616) 532-6665 [email protected]

1 of 2403937

RK-00336

PRR-2012-00283


2/11

Description

We have received demands for payment from Getty Images 601 North 34th St Seattle, WA 98103 forcopyright claim on a photo that was part of a software package used in the past on our company website. Weno longer use the software or the photo. We have supplied Getty Images with the copyright information fromthe software. We have asked Getty Images for proof of their Copyright of the photo but they have yet toprovide any proof of copyright. We have checked with the US Copyright Office and found NO Record of acopyright on the photo. The last we heard from Getty Images was in April, 2011, when we stated in writing tothem that we needed to see verifiable proof of their copyright of the photo in question. Now many monthslater, we received a notice from Timothy B. McCormack 617 Lee St Seattle, WA 98109 . Again we havereplied to Mr. McCormack with a copy of the last letter that we sent to Getty Images. Since there is still norecord of copyright of this photo on record and they have failed to provide any proof of copyright ownership,

we are requesting that Getty Images and their Attorney(s) cease and desist from these demands for payment,which seem to be nothing more than an extortion scam.

Expected resolution details: Cease and Desist from sending demands for money and trying to extort moneyfrom us.

Complaint Description

Catalyst Report

RK-00338

PRR-2012-00283


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From: Copyright Compliance [mailto:[email protected]]Sent: Tuesday, March 20, 2012 5:27 PMTo: ATG MI Bellingham CRCSubject: RE: 403937 : A notice from the Washington State Attorney General'sOffice ( Our #1043480)

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

March 20, 2012

Via e-mail to [email protected] andFax to (360) 738-6190

Ruth E. HolbrookProgram Specialist 3Attorney General of WashingtonConsumer Protection Division103 East Holly Street, Suite 308Bellingham, WA 98225-4310Tel: (360) 738-6188

Re: First Choice Mobile Home SalesYour File Number: 403937

Our Case Number: 1043480

Dear Ms. Holbrook:

We are in receipt of the complaint filed by First Choice Mobile Home Sales that you forwardedto us on March 3, 2012. We appreciate the opportunity to respond to Mr. Vander Haarsconcerns.

By way of introduction, Getty Images is the leading creator and distributor of still and movingimages. More than 4,000 images per day are licensed on our website, www.gettyimages.com,

AdaS 3/21/2012

403937

RK-00345

PRR-2012-00283


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which features wholly-owned content (i.e., images to which we own the copyright), as well asexclusively licensed content (i.e., third-party contributor images which are licensed exclusivelythrough 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 clearlyavailable from each page of our website, and we do not permit the use of our imagery without alicense.

Notwithstanding the license requirement, like other digital media companies, Getty Images doesfall victim to individuals pirating its intellectual property. To combat this, Getty Images usesboth employees and digital image recognition software to locate entities that have used GettyImages imagery without paying a license fee. One such entity recently identified as having usedunlicensed imagery from our collections is First Choice Mobile Home Sales (First Choice).

On February 10, 2011, and again on April 15, 2011, we sent First Choice a letter withnotification that we had found unauthorized use of one of our images on its website,www.firstchoice ofwestmi.com. The image is part of Getty Images Rights-Managed TheImage Bank collection, #EC4103-002 (the Image), and can be found on our web site athttp://www.gettyimages.com/detail/EC4103-002. We informed First Choice that use of theImage without a license constitutes copyright infringement, and that it must either (i) provideevidence that a license was issued, or (ii) pay a fee for use of the Image. In this instance, the feewas $1,225.00, and we provided an invoice in that amount, which featured a thumbnail of theImage and its image number, along with a screenshot of the Image on the First Choicewebsite. The amount invoiced is in line with what typically would be charged for a license ofthe Image under these circumstances.

We do not doubt Mr. Vander Haars statement that First Choice acquired the Image as part of asoftware package. Mr. Vander Haar further claims he provided copies of the copyright fromthis software package; however, the copyright notice he references governs distribution of acomputer program code and Getty Images has not issued any licenses to any third party whichwould allow for commercial web redistribution of the Image. As the end user of Getty Imagesimagery, First Choice is ultimately responsible for ensuring that it has obtained appropriaterights to use the imagery. As a result, First Choices use of the Image without a licenseconstitutes copyright infringement, for which we are entitled to seek damages.

Mr. Vander Haar further states that the Image has been removed from the First Choice 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 animage without authorization of the copyright holder.

Mr. Vander Haar also states that Getty Images has not provided proof of copyright, but Mr.Vander Haar appears to confuse copyright registration and copyright ownership. As of 1978,when US copyright law was substantially revised, copyright exists the moment a work,including a photograph, is created. Registration is optional and is not a requirement ofcopyright ownership. Consequently, copyright registrations are not required of us to pursueinfringements on behalf of our contributors. While it would be necessary to provide theseregistrations once we have actually filed suit or to claim statutory damages, this is our attempt to

403937

RK-00346

PRR-2012-00283


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settle any infringement without further action.

At this time, Mr. Vander Haar has not raised any valid defenses. We would prefer to resolve

this matter amicably, but in the event that First Choice remains unwilling to pay for the Imageunlawfully used on its website, we reserve the right to continue to pursue this matter ascopyright infringement. Getty Images has acted appropriately and in good faith in pursuing theunauthorized use of our intellectual property. Should you require any additional informationabout this matter, please do not hesitate to contact us.

Regards,

Getty Images Copyright Compliance

This message may contain privileged or confidential information and is intended only for theindividual named. If you are not the named addressee or an employee or agent responsible fordelivering this message to the intended recipient, you should not disseminate, distribute, or copythis email or any attachments hereto. Please notify the sender immediately by email if youhave received this email by mistake and delete this email and any attachments from yoursystem without copying or disclosing the contents. Email transmission cannot be guaranteed tobe secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive lateor incomplete, or contain viruses. The sender therefore does not accept liability for any errorsor omissions in the contents of this message, which arise as a result of email transmission. Ifverification is required, please request a hard-copy version.Getty Images, Inc., 605 Fifth Ave. S., Ste. 400, Seattle, WA 98104, USA,www.gettyimages.com

403937

RK-00347

PRR-2012-00283


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RK-00361

PRR-2012-00283


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RK-00362

PRR-2012-00283


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RK-00363

PRR-2012-00283


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RK-00364

PRR-2012-00283


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RK-00368

PRR-2012-00283


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RK-00369

PRR-2012-00283

getty images attorney general complaint 15

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