Complaint Category: Improper collection practices

Complaint 09/09/2013: I received a letter from Getty Images that was sent to my P.O. box for my business. They claimed that one of the images that I was using was a copyright infringement and they demanded that I take the image down and pay $850. I immediately took the image down from my website and replaced it with a comparable image that I purchased for $3. This appears to be the business model for Getty Image to go after small businesses and demand a ridiculous amount of money for an image that I was only using on a blog of mine. I didn't know I was doing any copyright infringement. My business has barely made any money and my revenue for all of 2012 certainly isn't much more than the $850 they are demanding so it is very unreasonable.

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. 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

Consumer's Final Response (The consumer indicated he/she DID NOT accept the response from the business.) Would you be willing to accept $250. I removed the image from my blog as soon as I read the letter and I cannot afford more than $250. I have not financially benefited from the use of that image. I was not aware that I was in copyright infringement on the blog. I've now replaced the image with an alternative image I purchased for $3. I hope we can resolve this unfortunate situation. Thank you very much. ***** Case Id: XXXXXXX

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. As stated in our previous response, copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required. Furthermore, the Complainant's claim that they did not receive any financial benefit attributable to the infringement 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. Should the BBB require any additional information about this matter, please do not hesitate to contact us. We remain hopeful of reaching an amicable resolution to this matter. 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