Complaint 08/12/2013: RE: gettyimages *** *** *** * ***** **** Seattle WA 98104 Case Number ******** Date:

07/08/2013 Dear Better Business Bureau, I was hoping you could help assist me with this issue or direct me to someone who can help me, but also I feel the need to bring to what is happening to your attention. I provided the invoice/letter from Getty Images, as well and also my reply letter to Getty Images. My concern is that Getty Images is targeting individuals using a money making scheme with scare tactics such as settlement demand/extortion letters for their own monetary gain/profit and not really attempting to stop the ongoing problem that allows them to creates their high payment demanding invoice letters. I am not a lawyer so I do not know all the legalities but what they are doing sounds ethically and morally wrong and I wanted to bring this to your attention and hoping you could help since Getty has been doing this for a very long time now. I cam across a number of websites that briefly explain some of the tactics Getty Imaging is doing: ************************************ ******************************************** ************************************************************** ******************************************************************* * ************************************* The list goes on and on and on... Your assistance in this matter is much appreciated. Thank you for your time, **** **********

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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. Getty 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. The Complainant characterizes our attempts to settle our copyright infringement claims as "extortion." However, our communications with them do not in any way constitute "wrongful threats" within the meaning of extortion statutes. On the contrary, demand for payment in satisfaction of a legal claim is not wrongful conduct. 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