Complaint Category: None of the Above - Contract Complaint Issue

Complaint 10/23/2013: gettyimages *** *** *** ** ***** *** Seattle, WA 98104 mailing address Getty Images Inc. ** *** XXXXX Seattle, WA 981245734,has sent me a "settlement demand" in the amount of $923.13 for an image they claim was/is in use on my website. The image the speak of is listed on google images numerous times and shown on numerous websites with no watermark or copyright visible. I know this image is not on my website as all of my images are images I have taken. They told me the image was removed in June or July 2013 however my website was redisgned in April/May or 2013. I would certainly not knowingly use a copyright image. The paperwork seems very generic and seems to be more of a "scare tactic or scam" The email on the paperwork is *****************@gettyimages.com case# XXXXXXX it also includes bank transfer information (which seems a little strange) I have made phone contact however the woman I spoke with was rather rude and I was told a supervisor was not available at that time. Product_Or_Service: none Order_Number: none Account_Number: none

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.

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. We understand that copyright law can be confusing. 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.) Again if you have an image that has a copyright put a copyright directly on the

image - as a photographer I know that every time a place an image on the web there is a chance someone may use or take the image, I have had it happen! This image is all over the internet with NO copy right on the image to make people aware that is protected! And please tell me when that page was ever in use, it was a trial template that never went live! My curent web pages have been up since the begining of the year and that image was never in use! The page you show is not how my web pages have ever appeared! Again please feel free to spend the money for further legal action, if you truly believe it is worth your time. I did NOT knowingly nor would I ever knowingly take an image that had a copyright! It appears from all the other complaints you make a habit of trying to bully and trap small businesses!

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: Company failed to resolve the complaint issues through BBB voluntary and self-regulatory process. - See more at: http://www.bbb.org/western-washington/businessreviews/photographs-stock/getty-images-in-seattle-wa37000916/complaints#breakdown