Complaint Category: Improper collection practices

Complaint10/01/2013: I believe Getty images is using illegal collection methods to scare people so they can extort money from the. I recently received a letter from theme saying I woe them $780 and must pay. They are acting as if I have already been to coourt and found guilty when in fact the letter was the first time I ever heard of the company. In searching the internet I have found 100s of other people, primarily small business owners, voicing similr complaints. I believe Getty images is being unethical, probably illegal and I wish for them to be stopped.

Initial Business Response 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. Please note that 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. 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/. 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

Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) The statute of limitations has expired on this regardless of all other issues. It is ridiculous of them to try to come after people many years later. Further they have not addressed this in a legal manner either but rather through scare tactics.

Final Business Response We have received the above Complainant's response to our previous letter summarizing Getty Images' claim for copyright infringement. We note that the Complainant has not addressed the legal issue of having displayed our imagery without authorization. We have provided screenshots and links showing proof of infringement. Should the BBB require any additional information about this matter, please do not hesitate to contact us. Sincerely, Getty Images - Copyright Compliance

Complaint Resolution: BBB determined the company provided proper verification that indicated there was no obligation to resolve the issues of the complaint. - See more at: http://www.bbb.org/western-washington/businessreviews/photographs-stock/getty-images-in-seattle-wa37000916/complaints#breakdown