Complaint Category: Improper collection practices

Complaint 08/28/2013: I am receiving letters demanding payment for use of a single Getty Image. Upon initial notification by Getty I had the site brought offline immediately. I notified Getty of my actions and asked they stop collection as I had not benefited from it's use, nor would I use the image again. I have replied to each piece of correspondence, and am now on round three. I have since researched Getty Images' collection practices and understand that without a legal judgement no debt exists to collect. I will retain an attorney if necessary. *** ********** ****** ***** seems my most likely advocate. However, I sincerely hope Getty and NCS IP Solutions, LLC will simply drop this matter. If not, then I ask that they stop until legal recourse has been completed (by Getty) and a legitimate debt exists. Will the BBB help me? I simply do not have money to pay for a picture I was never given the option to purchase. I think it is an unethical practice to wait until someone uses a digital image and then demand payment for it.

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, ***** 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. We are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place. 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

Consumer's Final Response (The consumer indicated he/she ACCEPTED the response from the business.) Thank you.

Business' Final Response Re: ********* ********** (the "Complainant") Your File # XXXXXXXX Our Reference # XXXXXXX We are in receipt of the complaint referenced above that you forwarded to us. Getty Images has acted appropriately and in good faith in pursuing the unauthorized use of our intellectual property. We are pleased to report that the matter has been resolved and we have closed the case. Should you require any additional information about this matter, please do not hesitate to contact us. Regards, Getty Images - Copyright Compliance

Complaint Resolution: Company resolved the complaint issues. The consumer acknowledged acceptance to BBB. - See more at: http://www.bbb.org/western-washington/businessreviews/photographs-stock/getty-images-in-seattle-wa37000916/complaints#breakdown