Complaint Category: None of the Above - Credit, Billing or Collection Complaint Issue

Complaint 07/08/2013: Getty Images claims I used an photo image without authorization. They sent me a picture or screen shot of a page that isn't even mine. They want to collect $780 from me based on their claim. The photo is not on my website and I never used that photo. I don't care that they have a picture of something I did not place on my site. With today's technology and programs, any one can place an image on a page and accuse someone else for putting it their. Is their business so desperate that they have to have the legal department send me a letter demanding the money for something for which I am not guilty. They are harassing me demanding the money that they think I owe them. Today, with the economy the way it is, a business can do anything to collect money. I am in my sixties and getting emotionally distress with all their claims and the constant letters demanding $780.00. They said they are going to have their legal department take action and exceed the amount of the $780 which they said is a settlement amount. Why am I going to pay for something for which I am not guilty. Do I have to pay for a lawyer using my social security to defend myself? Pictures can be shown, but I have a website that is at a lose and has to be shut since it is costing me money I do not have. I am asking for help because the harassing is causing emotional stress which I am afraid is going to lead to medical problems. I beg the BBB to please help me. Sincerely, ******** ****

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(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 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 DID NOT accept the response from the business.) To whom this may concern, Though Getty Images keep on insisting that I have used their picture, but I must continue to disagree. We can continue to argue about this matter or have a mutual agreement that will satisfy both parties. Continuing to harass me with letters from collection agencies and legal departments, lets save paper, postage and time. I will make an offer in good faith to appease them for a payment of $350. My business is not successful and it would be a hardship to pay an amount over that. As stated in previous communications, I collect social security. Hopefully, Getty Images will accept kindly accept my offer to settle this matter. If they do not wish

to accept this offer, then there will be a never ending battle. In my opinion, I would hope that Getty Images will not want to involve attorneys and unnecessary fees over $780, which I refuse to pay. In conclusion, I am asking the Better Business Bureau to extend my offer of accepting $350 as a settlement. Sincerely, ******** ****

Business' Final Response Re: ******** **** **** ******** *** ********* (the "Complainant") Your File # XXXXXXXX Our Reference # XXXXXXX We have received the above Complainant's response to our previous letter summarizing Getty Images' claim for copyright infringement. We remain hopeful of reaching an amicable resolution to this matter. Should the BBB require any additional information about this matter, please do not hesitate to contact us. Sincerely, 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