Complaint Category: None of the Above - Advertising Complaint Issue

Complaint 09/02/2013: I received a letter from Gettyimages inc. stating that I had violated copyright law, Title 17. for an image that was used on my website, that was created by another company ( ****** *********** Getty images has told me to take the picture in question off of my site. ( I took it off right away) and that even though I have taken it down I owe them $780.00 for the use of that image, Since this is out of my business expertise I hired a website company to take care of it for me. I feel that I shouldnt be held liable for an image that is public. It also states that I used the image for financial gain, my business isnt even open yet? I removed the image but feel that it is unfair to be charged when the image doesnt claim to be owned by anyone?

Business' Initial 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 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. We do not doubt the Complainant's statement that the image was provided to them by a third party. However, as the end user of Getty Images' imagery, the Complainant is ultimately responsible for ensuring that they have obtained appropriate rights to use the imagery. Thus far the Complainant has failed to produce a valid license or raise any valid defense to copyright infringement. The Complainant's use of the image without a license constitutes copyright infringement, for which we are entitled to seek damages. The Complainant claims that they did not receive any financial benefit attributable to the infringement. However, as aforementioned, copyright infringement is based on strict liability. The Complainant's point goes to damages, not to the fact of infringement. At this time, Getty Images seeks only actual

damages, so the Complainant's attributable profits are not at issue. 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