Catalyst Complaint Cover Page

345328

Complaint
Number 345328 Date 7/23/2009 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Jaccard, Christina $0.00 $0.00 $0.00

Location Seattle - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Steven Clark Rizzuto, Jr. 87 East 500 South Springville, UT 84663 Phone Day (801) 318-4879 Phone Evening Email (801) 318-4879 steverizzuto@gmail.com

Respondent(s)
Name Getty Images 2101 4th Ave Ste 500 Seattle, WA 98121 Contact Phone (206) 695-3400 Toll Free Email licensecompliance@ gettyimages.com

Referral(s)
Name Contact Phone Contact Phone Email

Practice(s)
Code 316 Practice Billing Issues

Activities
Date Added 8/3/2009 8/3/2009 Activity Type Email to Complainant Email to Respondent Activity C500_Information (used with R500 & most other Respondent letters) To: steverizzuto@gmail.com R500_First letter to respondent; May we please have your reply To: licensecompliance@gettyimages.com C404A_Enclose copy of firm's reply To: steverizzuto@gmail.com

8/24/2009

Email to Complainant

345328

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RK-00960 PRR-2012-00283

On July 20, 2009, I received a letter from Getty Images, Inc. located in Seattle Washington which accused me of copyright infringement of an image I had on my website. The image was embedded in a small, one inch by six inch banner I had on my site. I had obtained the banner from another company, realestateclipart.com, to which I had paid a subscription fee for the use of their graphics and clipart. I believed that the image was obtained completely legally and without any kind of deceit. The letter I received from Getty Images Inc. declared that I had to pay them $1,000 for this copyright infringement: "If you cannot provide proof that the image(s) has been properly licensed, you must cease and desist use of the image(s). In addition, payment for the attached demand amount must be received within 14 days of the date of this letter. Ceasing use of the image(s) does not eliminate liability for payment of fees due. Payment details are included on the demand, and additional payment information is provided below." "In an effort to resolve this quickly, Getty Images is offering a onetime discount of 10% on this settlement demand if payment is received by July 30, 2009" "The total amount due, less the discount is $900.00 USD." The image has since been removed from my website but only out of fear and intimidation. Upon further investigation of this matter, I have learned that there are hundreds, perhaps thousands, of other people just like me, who have also received this threatening letter. There is a series of websites devoted to the issue. This company threatens these individuals, without disclosing the rights of the individual, such as a fair trial, into sending the company thousands of dollars, no questions asked. In my view, this constitutes blackmail (Blackmail: extortion or coercion by threats esp. of public exposure or criminal prosecution MerriamWebster's Collegiate Dictionary: Tenth Edition), if not mail fraud, or any number of other offenses. It is my understanding that I have the right to take my case before a magistrate. This letter purports to deny me that right, demanding payment in full, "less the discount", by the stated deadline. No due process, no investigation, no trial by jury, no objective judge or third party, just the blatant demand that I pay this company $1,000.00 USD for supposedly infringing on this copyright. It also makes no statement that it has not filed the copyright with the U.S. Copyright Office which would also most certainly come into play if this case went to court as to how much in damages a person must pay. It makes no claim of the "Market Value" of the photo nor gives any evidence that $1,000.00 USD is a fair valuation of the photo or use thereof or damages the copyright owner has incurred. It makes the recipient believe that the court procedure and all due process has come and gone and what is left is for the recipient to pay the money, as if the company has usurped all legal authority and thereby demands payment in full, "less the discount". This is an overt threat to extort money from me, and thousands of others, totally denying me any legal protections (Extort: to obtain from a person by force, intimidation, or undue or illegal power MerriamWebster's Collegiate Dictionary: Tenth Edition). If necessary, I will scan and email the letter in its entirety to you for your examination. Please consider carefully this complaint and respond appropriately. Thank you for any efforts on my behalf. Expected resolution details: Cease and decist their threats and relinquish any claims of damaged regarding this or any future claims against my website.

RK-00963 PRR-2012-00283

RK-00972 PRR-2012-00283

RK-00973 PRR-2012-00283