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Status
Amount Disputed
Actual Savings
Estimated Savings
Activities
Location
NAICS
Complainant
Number
Date
Name Contact Phone Toll Free Email
Getty Images605 5th Ave S Ste 400Seattle, WA 98104
(206) 925-6753 [email protected]
435830
8/26/2013
Respondent(s)
Complaint
Kennewick - Consumer Protection Division
Date Added Activity Type Activity
8/29/2013 Email to Respondent R 1st Letter to Respondent To:[email protected]
8/29/2013 Email to Complainant C 1st Letter to Complainant To:[email protected]
9/6/2013 Email from Respondent
9/6/2013 Email to Complainant Csup Closing Unadjusted (C-UNJ) To:[email protected]
541920-Photographic Services
Assignee Garcia Huizar, Elena
$0.00
$1,750.00
$0.00
Code Practice
999 Other/Miscellaneous
Practice(s)
Closed
Referral(s)Name Contact Phone Contact Phone Email
435830
CatalystComplaint Cover Page
Name Phone Day Phone Evening Email
Robert Laughter222 Catherine CourtFleetwood, NC 28626
(336) 624-0187 [email protected]
1 of 2435830
Date Added Activity Type Activity
9/6/2013 Email to Respondent Rsup Closing No Adjustment (R-UNJ) To:[email protected]
9/6/2013 Resolution-UNADJUSTED
2 of 2435830
Description
We are a web marketing company who represents a small business owner.
My client was contacted by Getty Images with a letter stating that certain images on her website were copyrighted by photographers represented by Getty. The letter demanded a settlement of $2450 for using the images. The letter contained no proof that the company holds an exclusive legal claim to the images in question or that the company has the authority to pursue this matter on the behalf of the copyright holders.
Neither my client nor our agency posted the images. The images were posted by a third party, without our knowledge or consent.
I contacted the case representative, Mr. Doug Bieker, and explained the situation to him. He returned with a settlement offer of $1750.
I asked Mr. Bieker to provide the documentation that his company does in fact have an exclusive legal claim to the images and the authority to pursue this matter. He refused to provide the information. I advised him that this is extortionate--there is nothing stopping this company from sending notices about images that they do not own, demanding settlement, refusing to demonstrate their claim, and threatening legal action in the event that innocent website owners don't pay the fine.
Because the company has refused to demonstrate that they have an exclusive legal claim to the images in question, and because the company refuses to prove that they have the authority to pursue this matter, I cannot in good conscience pay the settlement fee or advise my client to pay the settlement fee.
This is not an isolated issue; Getty Images routinely engages in predatory behavior against innocent website owners, demanding steep fines and threatening or insinuating legal action in the event that the website owner does not pay.
I implore the Attorney General's office to stop this predatory, extortionate behavior.
Complaint Description
Catalyst Report
Rob Laughter <[email protected]>
1386498 - Stacy Perkins, LCPC Ltd CRM:0141116346 messages
License Compliance <[email protected]> Fri, Aug 16, 2013 at 2:32 PMTo: "[email protected]" <[email protected]>, License Compliance<[email protected]>
FOR SETTLEMENT PURPOSES ONLY
RE: 1386498 - Stacy Perkins, LCPC Ltd
Dear Rob,
Thank you for your time on the telephone today. After careful consideration, Getty Images is willing to accept $1,750.00 asfull and final settlement of the demand that was recently presented to Stacy Perkins, LCPC Ltd. This offer is madeconditionally and it will automatically be withdrawn if full payment is not postmarked by August 26, 2013.
Getty Images hopes that the added consideration given to reduce this settlement demonstrates our mindful attention to thecircumstances; as such we encourage prompt payment of this settlement as offered. The terms of this settlement offershall be kept confidential, except as may be required by law. Getty Images expressly reserves all rights and remediesavailable under copyright law. Thank you for your time to this matter.
Best regards,
D. Bieker
Copyright Compliance Specialist
Getty Images
Getty Images Headquarters
605 5th Avenue S., Suite 400
Seattle, WA 98104 USA
Direct 206.925.7622
Toll Free: 800.972.4170 ext 7622
Fax: 206.925.5001
For more information about the Getty Images License Compliance Program, please visit http://company.gettyimages.com/license-compliance
_____
©2012 Getty Images, Inc.
PRIVILEGED AND CONFIDENTIALThis message may contain privileged or confidential information and is intended only for the individual named. If you arenot the named addressee or an employee or agent responsible for delivering this message to the intended recipient youshould not disseminate, distribute or copy this e-mail or any attachments hereto. Please notify the sender immediately bye-mail if you have received this e-mail by mistake and delete this e-mail and any attachments from your system withoutcopying or disclosing the contents. E-mail transmission cannot be guaranteed to be secure or error-free as informationcould be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore doesnot accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mailtransmission. If verification is required please request a hard-copy version. Getty Images, 605 5th Avenue S., Suite 400,Seattle, WA. 98104, USA, www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned byus and by an external service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletionof a legitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns about thisautomatic filtering.
Rob Laughter <[email protected]> Fri, Aug 16, 2013 at 3:13 PMTo: License Compliance <[email protected]>
Dear Mr. Bieker,
Thank you for your time on the phone this afternoon and for the willingness to work to reduce the fine that you'veimposed.
We are a small, bootstrapped agency with a very limited budget. The fee of $1,750 is the equivalent of nearly fourmonths' revenues from Ms. Perkins' account. Accordingly, it will take nearly a year to earn enough from heraccount to pay the fee. To be forced pay that amount in such a short time frame will require selling our limitedassets and will result in undue harm to our business.
As I mentioned during our conversation today:
1. the low resolution images in question were on our client's site for less than 60 days,2. the images were posted by a third party, not by our client or by our agency,3. the images weren't sold or directly used for profit, and4. the images were only viewed 52 times during the time that they were displayed on the site.
Additionally, I have terminated the employment of the employee responsible for outsourcing her work, initiated anaudit of our other clients to ensure that there are no further violations, and reaffirmed our policy on stock imagesto the rest of our team. Any further violation will result in immediate termination.
At this time, based on our budget and current assets, I can offer is $500 to settle this matter by the date thatyou've enforced.
I hope you'll recognize our commitment to settling this matter for our client and I hope you will work with us to doso in a way that won't do unjust harm on our business.
Regards,Rob Laughter[Quoted text hidden]--
Rob LaughterManaging DirectorConnective Insights, the Web Marketing Companyhttp://www.connectiveinsights.com
License Compliance <[email protected]> Tue, Aug 20, 2013 at 11:16 AMTo: Rob Laughter <[email protected]>, License Compliance <[email protected]>
FOR SETTLEMENT PURPOSES ONLY
RE: 1386498 - Stacy Perkins, LCPC Ltd.
Dear Rob Laughter,
Thank you for your continued time. Getty Images respectfully declines your offer to settle this case at $500.00. Getty Images understands this was an unintentional infringement; however that does not lessen Stacy Perkins,LCPC’s liability. The arrangement is for one full and final settlement in the amount of $1,750.00 if payment isreceived or postmarked by August 26, 2013.
Getty Images is merely seeking to recover license fees that should have been paid had the appropriate licensesbeen obtained prior to the start of use which includes our costs of enforcement in this matter. Unfortunately, theuse has already occurred. While we have reduced the amount that we are willing to accept, it is our position thatour initial demand was a fair offer considering the use in question. Please understand if we were to reduce theamount further, it would do a serious disservice to our photographers and our other customers. Again, pleaseunderstand we stand to protect our photographers from copyright infringement even if it was unintentional. Unfortunately, there is nothing more I can do with respect to reducing the settlement amount further.
The terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Images
expressly reserves all rights and remedies available under copyright law. Thank you for your time and attention tothis matter.
Best regards,
D. Bieker
Copyright Compliance Specialist
Getty Images
Getty Images Headquarters
605 5th Avenue S., Suite 400
Seattle, WA 98104 USA
Direct 206.925.7622
Toll Free: 800.972.4170 ext 7622
Fax: 206.925.5001
For more information about the Getty Images License Compliance Program, please visithttp://company.gettyimages.com/license-compliance
_____
©2012 Getty Images, Inc.
PRIVILEGED AND CONFIDENTIALThis message may contain privileged or confidential information and is intended only for the individual named. Ifyou are not the named addressee or an employee or agent responsible for delivering this message to theintended recipient you should not disseminate, distribute or copy this e-mail or any attachments hereto. Pleasenotify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail and anyattachments from your system without copying or disclosing the contents. E-mail transmission cannot beguaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late orincomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in thecontents of this message, which arise as a result of e-mail transmission. If verification is required please requesta hard-copy version. Getty Images, 605 5th Avenue S., Suite 400, Seattle, WA. 98104, USA,
www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned by us and by anexternal service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletion of alegitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns aboutthis automatic filtering.
From: Rob Laughter [mailto:[email protected]]
Sent: Friday, August 16, 2013 12:14 PM
To: License Compliance
Subject: Re: 1386498 - Stacy Perkins, LCPC Ltd CRM:014111634
[Quoted text hidden]
Rob Laughter <[email protected]> Tue, Aug 20, 2013 at 4:58 PMTo: License Compliance <[email protected]>Bcc: Stacy Perkins <[email protected]>
Dear Mr. Bieker,
Thank you the time and attention given your response. Please do understand that I would like to settle thismatter amicably. Unfortunately, as I mentioned in my prior email, we simply do not have the cash funds to meetyour settlement offer at this time.
I'll remind you that my company is not legally responsible for this claim, as the infringement was committed by athird-party independent contractor who was not engaged by or acting on behalf of my company. I have emaildocumentation between my team members and myself to verify this claim. I've offered to settle this matter withyou as a courtesy to my client, who runs a small business like myself and would like to see this matter resolvedas quickly as possible.
You mention fairness in your response, and I must object to the fairness of demanding an exorbitant sum ofmoney from a small business owner who is at best an "innocent infringer," which would, according to the USCode 17 USC § 504, limit statutory damages to $200 per image. Even then, the damages would apply only inthe event that the images were registered with the US Copyright office.
To that effect, you have not proven that Getty's exclusive legal claim to the image or Getty's exclusive rights tothe image. One of the images referenced by my client, "TIRED WOMAN HOLDING HER HEAD UP IN CAFE" byMr. Alain Daussin, currently appears on at least 44 different websites dating back to 2008 according to a searchat TinEye.com. I need to be sure that your company has the exclusive rights to the image before I can in goodconscience reach a settlement of the consequence that you've suggested.
The letter that you sent to my client--which she forwarded to me--contains no images, no proof of infringement,and no proof to your company's claim to the exclusive rights to the image. To help make an informed decision onhow to proceed, I must at least insist on seeing some proof of your claim.
For my reference, can you please provide the following information?
US Copyright Office registration number(s) for the infringing images proving Getty's exclusive legal claim tothe imagesDocumentation of your license arrangements with Mr. Daussin ([email protected]) and Mr.Lambert ([email protected]) permitting the actions that you are taking against my clientAn itemized formula for reaching the settlement amount you have referenced in your counteroffer
Thank you again for your prompt attention and assistance in providing the requested documentation in hopes ofresolving this matter.
RegardsRob Laughter
[Quoted text hidden]
License Compliance <[email protected]> Fri, Aug 23, 2013 at 12:16 PMTo: Rob Laughter <[email protected]>, License Compliance <[email protected]>
FOR SETTLEMENT PURPOSES ONLY
RE: 1386498 - Stacy Perkins, LCPC Ltd.
Dear Rob Laughter,
Thank you for your continued time. The requested articles - such as proof, registrations and representation wouldbe furnished only when compelled by the court through the course of discovery. To provide this informationbeforehand would take additional time as well as additional costs. Our settlements are set up to quickly closeunauthorized use cases. If cases were to go to legal proceedings, our represented photographers would haveregistrations prior to filing.
The full liability of this infringement rests with Stacy Perkins, LCPC Ltd. If you are interested in settling thismatter on behalf of Stacy Perkins, LCPC Ltd., Getty Images would expect full payment of $1,750.00 to bepostmarked by August 26, 2013. If we are unable to reach settlement by this deadline, Getty Images willcontinue to pursue Stacy Perkins, LCPC Ltd. directly.
The terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Imagesexpressly reserves all rights and remedies available under copyright law. Thank you for your time and attention tothis matter.
Best regards,
D. Bieker
Copyright Compliance Specialist
Getty Images
Getty Images Headquarters
605 5th Avenue S., Suite 400
Seattle, WA 98104 USA
Direct 206.925.7622
Toll Free: 800.972.4170 ext 7622
Fax: 206.925.5001
For more information about the Getty Images License Compliance Program, please visithttp://company.gettyimages.com/license-compliance
_____
©2012 Getty Images, Inc.
PRIVILEGED AND CONFIDENTIALThis message may contain privileged or confidential information and is intended only for the individual named. Ifyou are not the named addressee or an employee or agent responsible for delivering this message to theintended recipient you should not disseminate, distribute or copy this e-mail or any attachments hereto. Pleasenotify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail and anyattachments from your system without copying or disclosing the contents. E-mail transmission cannot beguaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late orincomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in thecontents of this message, which arise as a result of e-mail transmission. If verification is required please requesta hard-copy version. Getty Images, 605 5th Avenue S., Suite 400, Seattle, WA. 98104, USA,www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned by us and by anexternal service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletion of alegitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns aboutthis automatic filtering.
From: Rob Laughter [mailto:[email protected]]
Sent: Tuesday, August 20, 2013 1:59 PM
[Quoted text hidden]
[Quoted text hidden]
Rob Laughter <[email protected]> Fri, Aug 23, 2013 at 1:44 PMTo: License Compliance <[email protected]>
Dear Mr. Bieker,
Thank you for your response.
I must again object to subjecting an innocent website owner to such an exorbitant fine without the courtesy ofproviding proof of your claim. It would only take a few moments of your time to provide the US Copyright Officeregistration numbers for the photos in question--if the photographs are indeed registered.
Instead, you've refused to provide proof of your exclusive legal claim to the images, you've provided no proof ofregistration, and you're demanding an arbitrary settlement with no explanation.
That's not a settlement--that's extortion. There is nothing stopping your company from sending notices aboutimages that you don't own, demanding settlement, refusing to demonstrate your claim, and threatening legalaction in the event that innocent website owners don't pay your fine.
Before I can agree to settle this matter, I must again insist on seeing the proof that your company does in facthave an exclusive legal claim to the images and that your company has the authority to pursue the matter.
Simply put, if you can demonstrate your claim, I'll quickly and quietly settle for the amount you've requested. Ifyou are unwilling to do so, I will happily honor my offer of $500 to compensate the photographers for this mistake. I have several hundred photographs published myself, and I believe that photographers deserve to becompensated for their hard work.
Please be aware that the automated response received from emailing the License Compliance department veryclearly states that there is a delay in response time to these emails and, "Please note that any pendingdeadlines will be extended accordingly." I trust you'll honor the promised extension of deadlines as we work toresolve this matter.
Regards,Rob Laughter
[Quoted text hidden]
