Getty Images Settlement Demand Letter Sample

8/3/2019 Getty Images Settlement Demand Letter Sample

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gettylmages'601 North 34th Slre.et. Seattle, WA9B103 USA.Tel 1'~800-972_-4'170Fax 2069255001

June 13" 2008111 00-00000044 OB06 6

Legal DepartmentI

Re: Unauthorized Use of Getty Images' PhotographReference Number 4930098867947It has come to our attention that you are using an image (or Images) represented by Getty Images for online promotionalpurposes, We have searched our records and have not found a valid license For the use of the Image(s).. Attached for yourreference isa copy of the image(s) in question and the usage found on your company's website.As you may know, use of ani mage Without a valid license is cons idered copy righi in fringeme nt in viol alion of Till e 17U.SC.S" the Copyright Actof 1976. Also attached, is a demand representing. a settlement that Getty Images would expect toreceive for the unauthorized use of the Image(s) should no licenees exist.Thefollo""ing action must be taken within 14da}::sof the date of this letter:

I I a valid itcense has been issued for the image(s) and use, please provide l icense information byemaHinglicensecomplia nce@getlyimages,com. This . includes the sa les order or invoice number of the license pu rchase. If theimage(s) was rlcensed under an alternate company nam.e (dba) or in the name of a third party, such as an advertisingagency, please provide the company name and phone number, The subject line of the emaH must include YOU' f companyname and reference number as they appear on the attached settlement demand. If you cannot provide proof that the image(s) has been properly licensed, you. must cease and desist use of the' image(s).In addition, payment for the attached demand amount must be received within 1' 4 days of the date ofthls letter. Ceasinguse Of Ihelmage(s)does not eliminate liability for payment of fees due. Payment details are included on the demand, andadditional payment informatTon is provided below. If you desire continuedusa of the image(s). please contact our License Compliance team at the number listed. below. Anew llcense must be issued for the image(s), or use of the image(s) must cease by June 27, 2008.Please read the attached Frequenfly Asked Ouestions (FAQ) for more information related to this matter, [f you do not respondwithin the: timeframe provlded. we will presume that you ce not Intend to do so and wil.1take action accordingly. Forquestions, or to settle this matter. please. contact [email protected] or dial 18009724170. If you believeyou have received this letter In error, please contact us immediately. .

11' 100,00000044 08066 Case ID: 867947 Reference No: 4930098
mailto:[email protected]:[email protected]


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gettyimages'

Getty Images is committed to investi-gat ing licensing infract ions not only to protect ourinterests, but also to pmtecttheinterests of the photographers whom we represent We are committed to protecting the intellectual property rights andlivelihood of the art ists whose work we license. We must enforce our licensing condit ions rigorously and feel thai yourcooperaition regarding this matter should be promptly forthcoming. This leiter is withou1 prejudice to Getty Images' rights andremedies, all of which are expressly reserved.In an effort to resolve this quickly, Getty Images is offering a one time discount of 10% on this sett lement demand if paymentis received by June 27,2008.The total amount due, less the discount is $1,170.00 USD.

Sincerely,License Complianoe TeamGetty Images

11 WD -D DD D D0 44 .0 8.0 6 6 Case 10: 867947 Reference No: 493.0 .098


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gettylmages'Frequently Asked Questio"nsIf you believe thai you have received this notification in error, please email [email protected] dial 1-800972~4170. Please be sure to provide the reference number found on your settlement demand, as well asyour name and company contact information.Who is Getty Images?Getty Images represents some of th e world's best photograph.ersand filmmakers. Getty Images has contractualagreements with its photographers to represent certain Hights-Managed imagery exclusively and to license the use ofthese images to companies allover the world. The images Getty [mages provides can be found in magazines, websites,and bil lboards, marketing collateral, product packaging and mobile devices, to name onlya few. Getty Images, onbehalf of itself and its represented photographers and artists, is committed 10 protecting its imagery from unauthorizeduse.Somebody else ,created my company's website.Getty Images understands that a third-party desiqner, former employee, or intern may have been contracted to designand develop your company's website. However, if no licenses from Getty Images exist, the liability of any infringementultimately falls on the company (the end user) who hired that third-perty, employee, or intern. Getty Imagesrecommends that your company contact the third-party, employee, or intern to ss e If any licenses from Getty Imagessurrounding the specific use of the images In question exist. Please provide an invoice number or sales order numberand Getty Images will research as appropriate.We have removed the images and now consider this matter closed.Getty .Images appreciates the removal of Its represented images from your company's website. However, removal of theimages in question solves only part of the issue, as Getty Images will continue to require full payment of the demandpresented to settle the matter and avoid further escalation.We.foundthese images on the Internet or the Getty Images website and thought they were Royalty Free.The images in question are Rights-Managed ima9'9S represented by Getty Images. The use af.Rights~Managed Imagesrepresented by Getty Images requires an appropriate licensecoverlnq each and every use. Although Royalty-.Freeimages from Gerty Images are different from Rights-Managed images, a license must sti ll be purchased 'forRoyalty-Free image use,We. did n'tknow these imag es

uwere represented byGetty ,1mages and had to be licensed.Unfortunately, despite the fact that your company may nol have known, this does not excuse your company'sunauthorized use, nor does it relieve you of the oblrgation to pay the demand to setue Getty Images claim of copyrightinfringement. . .

WeR urchased these images from a campa ny we found onli ne .aspart of aweb template.As the end user of Getty Images' imagery,.you are ultimately responsible tor insuring that you have ol:)tainedtheappropriate fights to use the imagery. That means that if you acquire imagery from a web template provider or othersuch company, you arastill liabls for copyright infringement .i f that provider or other such company did not properlylicense the imagery for your use.

11 10000000044 08066 Case ID: 867947 ReferenooNo:4930098


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Rem .it ToGetty Images IncPO Box 84434Seattle, WA 98124-5734Phone: 1-800~97.2'-4170Email: l [email protected] No: 4930098Settlement Demand Dat.e: June. 11, 2008

Payment Terms Due on ReceipSubtotal $1,300.00 USTax $o..QO USDTotal $1,300.00 US

11 100-{)0000044 0806 6 Case ID:867-947 Reier"nce No:4930098


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Report Data:Name:Home Page:Contact details!

'..corn/PMB110

Remarks:

Phone:Fax: 88;E-mail:E-mail: .vcorn

'.com

Catalog Image No.200151240-001

gettyimages"

Screen Capture

11 100-0000004408066 CaseiO:867947 ReferenceNo: 49j0098

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Getty Images Settlement Demand Letter Sample