Catalyst Complaint Cover Page

431664

Complaint
Number 431664 Date 5/31/2013 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Offril, Wency V $0.00 $956.38 $0.00

Location Seattle - Lemon Law (Motor Veh. Arbitration) NAICS 541920-Photographic Services

Complainant
Name Richard Ludwig 7238 N 16th Ave Phoenix, AZ 85021 Phone Day (602) 340-9293 Phone Evening Email richard_ludwig@gmx.net

Respondent(s)
Name Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 Contact Phone (206) 925-6753 Toll Free Email copyright.complian ce@gettyimages.co m

Referral(s)
Name Contact Phone Contact Phone Email

Practice(s)
Code 300 316 Practice Excessive Price or Charge Billing Issues

Activities
Date Added 6/5/2013 6/5/2013 7/9/2013 Activity Type Email to Complainant Email to Respondent Email to Complainant Activity C 1st Letter to Complainant To: richard_ludwig@gmx.net R 1st Letter to Respondent To: copyright.compliance@gettyimages.com C 2nd Letter to Complainant To: richard_ludwig@gmx.net

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Date Added 7/9/2013 7/9/2013 7/9/2013 7/9/2013 7/9/2013 7/9/2013 7/9/2013

Activity Type Email to Respondent Email to Respondent Email from Respondent Email to Complainant Email to Respondent Email from Respondent Resolution-UNADJUSTED

Activity R 2nd Letter to Respondent To: copyright.compliance@gettyimages.com R 2nd Letter to Respondent To: copyright.compliance@gettyimages.com Csup Closing Unadjusted (C-UNJ) To: richard_ludwig@gmx.net Rsup Closing No Adjustment (R-UNJ) To: copyright.compliance@gettyimages.com 2nd Response for R - Getty Images - Compliance.

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Catalyst Report
Complaint Description
Description I have never had any business relations with Getty Images. On April 30, 2013, I was contacted by Getty Images suggesting that I violated a copyright law by posting a product image on my website, and have to pay US$ 956.38 collection fee. That image was provided to me by a supplier company for which I sell products. The image had no watermark or other form of information about copyright protection. I had removed the image in question immediately upon receiving the letter from Getty Images, and explained that I had not deliberately violated any copyright laws. Getty Images keeps harassing me with requesting exuberant amounts, even though Getty Images cannot explain their determination of the amount they are requesting. I am aware of copyright laws and I am supporting the protection of photographic work, but not by paying an excessive amount of which no explanation can be provided how it was determined. The product image in question was viewed 3 (three) times since it was posted on my website. I did provide the analytics report to Getty Images as evidence, and offered a payment of $1 per viewing. However, I was yet again contacted, this time threatening with enforcement steps. The issue is under Getty Images case# 1340266. Expected resolution details: Stop harassing small businesses which had never done business with Getty Images.

webkreativ
From: Sent: To: webkreativ [web1kreativ@gmail.com] Thursday, May 30, 2013 3:38 PM 'License Compliance'

Subject: RE: 1340266 - Gardening Palace

Dear Nancy Monson, Thank you for your note. I am reiterating that there was no deliberate violation of a copyright law. The product image was provided to me from my supplier. The image did not have any watermark or any other form of a copyright protection. I have offered you a proper compensation. The image was viewed 3 (three) times during the time it was posted on my web server. As mentioned in my previous email, I am supporting your efforts of protecting photographic work, but not with an excessive payment of an amount which you cannot explain its determination. I am expecting a reasonable adjustment of your invoice! Thank you, Richard Ludwig
From: License Compliance [mailto:License.Compliance@gettyimages.com] Sent: Thursday, May 30, 2013 9:29 AM To: webkreativ Subject: RE: 1340266 - Gardening Palace FOR SETTLEMENT PURPOSES ONLY Mr. Ludwig: The Copyright Act directs us to the business promoted on the website (end user) where the image is displayed as the liable party in an effort to assist the injured party (Getty Images and our photographer(s)) with their pursuit for compensation. You are welcome to report this issue to any agency that you see fit. We will respond accordingly. Since you appear to be basing your position on inaccurate information, I would suggest that you review the matter with someone who is familiar with copyright law. If an image is displayed on a commercial website without permission from the copyright owner, that use constitutes copyright infringement. Whether or not the end user is aware is not relevant. We will continue to pursue this matter to get our photographer paid. We will notify you of next steps.

Nancy Monson Copyright Compliance Specialist Getty Images Headquarters 605 5th Avenue South, Suite 400 Seattle WA 98104 USA Phone 1 206 925 6125 Fax 1 206 925 5001
For more information about the Getty Images License Compliance Program, please visit

5/30/2013

http://company.gettyimages.com/license-compliance Getty Images is deeply committed to protecting the interests, intellectual property rights and livelihood of the photographers, filmmakers and other artists who entrust Getty Images to license their work. Use of an image without a valid license is considered copyright infringement in violation of copyright laws. Helpful information about image copyright rules and how to license stock photos is located at www.stockphotorights.com and Copyright 101.

2013 Getty Images, Inc. PRIVILEGED AND CONFIDENTIAL

This message may contain privileged or confidential information and is intended only for the individual named. If you are not the named addressee or an employee or agent responsible for delivering this message to the intended recipient you should not disseminate, distribute or copy this e-mail or any attachments hereto. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail and any attachments from your system without copying or disclosing the contents. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. Getty Images, 605 5th Avenue South, Suite 400. Seattle WA 98104 USA, www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned by us and by an external service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletion of a legitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns about this automatic filtering.

From: webkreativ [mailto:web1kreativ@gmail.com] Sent: Wednesday, May 22, 2013 3:43 PM To: License Compliance Cc: 'webkreativ' Subject: RE: 1340266 - Gardening Palace

Dear Nancy Monson, Thank you for your note. I confirm that no copyright infringement issue is existent. The image that was used for presenting the product on my website was provided by one of my suppliers. I do not admit liability, and removed the image immediately from my website upon receipt of your letter. I am only reselling products, not images. You will understand that I have no ability to verify copyrights for each individual product picture provided by my suppliers. The image provided to me did not contain the Getty Images logo or any other source information. The image was therefore provided to me in circumstances where I did not know, and had no reason to believe that copyright subsisted or was asserted by Getty Images as copyright was asserted as being owned by another party. Therefore, you cannot consider me as an end user of products from Getty Images. The Copyright, Designs and Patents Act of 1988 includes under section 97, there is no entitlement for the claimant to recover damages where the defendant did not know, and had no reason to believe that alternative copyright subsisted in the work. Your claim for a royalty payment under a notional license agreement described as a demand for payment is a claim for damages of which I cannot be held liable. You have no grounds for claiming entitlement to payment. However, I do certainly support the protection of the work of artists. The image for the product in question was added to my web site on 07/28/2012, and the image was removed immediately upon receiving your letter on 05/10/2013. The product page on my website was viewed 3 times since its posting. The product is listed in my web servers database with product ID 329. You can easily verify the product ID with the URL by visiting the product page on my website. Please find attached the analytics report for this particular product. The product

5/30/2013

has never generated any sales or profits. As compensation, I offer US$ 1.00 per viewing, which gives a net total of US$ 3.00, and US$ 3.28 incl. WA sales tax. Please adjust your invoice accordingly so that it can be paid. Should Getty Images or a 3rd party organization on behalf of Getty Images commence proceedings on the grounds outlined in your previous correspondence, and continue demanding implausible compensation amounts, I will file this as harassment and unlawful business practice with the Federal Trade Commission and BBB. In regards to my suppliers URL, the image has been replaced in the meantime. For your review and records, I have attached a screenshot of the product and image taken on 05/10/2012. Sincerely, Richard Ludwig
From: License Compliance [mailto:License.Compliance@gettyimages.com] Sent: Wednesday, May 22, 2013 2:5 4 PM To: webkreativ Subject: 1340266 - Gardening Palace FOR SETTLEMENT PURPOSES ONLY Mr. Ludwig: When I clicked on the URL you provided in your email, the image that was on that URL is not the same as the one we found on your website. Regarding infringement issues such as this, if no licenses from Getty Images exist with the end user, the liability of any infringement ultimately falls on the company (the end user) that is using unlicensed imagery. As the end user of Getty Images' imagery, you are ultimately responsible for insuring that you have obtained the appropriate rights to use the imagery. That means that if you acquire imagery from a web designer, CD product offering, web template provider, vendor or other such company, you are still liable for copyright infringement if that provider or other such company did not properly license the imagery for your use. If a third party supplied the image for use on your company website and warranted to you that the image was fully licensed on your behalf, you may be entitled to insist that this third party resolve this matter or to pursue reimbursement from it for any funds paid to Getty Images to resolve this matter based on any agreement or contract that you may have had with this third party. Ultimately, the responsibility to settle this case lies with your company directly. Despite the removal of the image from your website, the prior unauthorized use of the image on the website resulted in the aesthetic enhancement of the website. Since copyright infringement already occurred, Getty Images is seeking fees for the past use. We are acting on behalf of our represented photographers who are entitled to compensation for the use of their intellectual property. Please understand we stand to protect our photographers from copyright infringement even if it was unintentional. Absent proof that a valid license was secured prior to the start of use for this exact image in question, Getty Images position in this case will remain unchanged. Getty Images is seeking the appropriate compensation for the unauthorized usage of our photographer's work. We will not be able to waive this, nor will it go away if not properly addressed. Out of respect to our paying customers and the photographer of the image in question, we cannot let infringers off with a cease-and-desist letter. Settlement of this matter is two-fold: (1) removal of the imagery from your website; and (2) payment of the settlement demand. Absent the appropriate licenses surrounding the specific use of the imagery in question, the settlement amount of $780 as presented represents what Getty Images would expect to receive in a matter such as this for this unauthorized use. Please understand that, as exclusive licensor of the imagery in question, Getty Images is seeking

5/30/2013

compensation for the unauthorized usage of our represented photographers work. Getty Images responsibility to its represented photographers is not only to appropriately license the use of their images to its customers, but to also protect the intellectual property from unauthorized use and to maintain the exclusive availability of the imagery through Getty Images. Getty Images needs to recover the lost licensing fees for payment to the photographer, along with costs of enforcement. Had the infringement not occurred, Getty Images would not have had to deploy the additional resources needed to pursue this matter with respect to the infringing website. Both issues of settlement must be accomplished on or before May 29, 2013. Nancy Monson Copyright Compliance Specialist Getty Images Headquarters 605 5th Avenue South, Suite 400 Seattle WA 98104 USA Phone 1 206 925 6125 Fax 1 206 925 5001
For more information about the Getty Images License Compliance Program, please visit http://company.gettyimages.com/license-compliance Getty Images is deeply committed to protecting the interests, intellectual property rights and livelihood of the photographers, filmmakers and other artists who entrust Getty Images to license their work. Use of an image without a valid license is considered copyright infringement in violation of copyright laws. Helpful information about image copyright rules and how to license stock photos is located at www.stockphotorights.com and Copyright 101.

2013 Getty Images, Inc. PRIVILEGED AND CONFIDENTIAL

This message may contain privileged or confidential information and is intended only for the individual named. If you are not the named addressee or an employee or agent responsible for delivering this message to the intended recipient you should not disseminate, distribute or copy this e-mail or any attachments hereto. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail and any attachments from your system without copying or disclosing the contents. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. Getty Images, 605 5th Avenue South, Suite 400. Seattle WA 98104 USA, www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned by us and by an external service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletion of a legitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns about this automatic filtering.

From: webkreativ [mailto:web1kreativ@gmail.com] Sent: F riday, May 10, 2013 12:5 0 PM To: License Compliance Cc: 'webkreativ' Subject: Case N umber: 1340266 - Gardening Palace - Y our Copyright Claim Importance: H igh Your Case Number: 1340266 Your letter dated 04/30/2013 Dear Sir or Madam, I am the owner of the website, Gardening Palace (www.gardeningpalace.com), and received your letter with your claim of copyright ownership for a product image on this website. All product images on my web server are

5/30/2013

sourced from our supplier/manufacturer: Hazzards Seeds Ms. Joyce Hazzard PO Box 151 Deford, MI 48729 Tel.: (989) 564-4344 and (989) 872-5057 The image you are referring to in your claim is posted with the product item# E3292, Epazote, 1000 seeds. You can find the item/image here: http://www.hazzardsgreenhouse.com/Merchant2/merchant.mvc? Screen=PROD&Store_Code=Hazwho&Product_Code=E3292&Category_Code= All images posted on my website, Gardening Palace, originate from the following sources: Hazzards Seeds, with authorization to present their product images on my web store Fotolia, images/use licenses were legally acquired/purchased Public Domain Pictures (publicdomainpictures.net), royalty free stock photos with permission to redistribute and no required property release. I have not violated any copyright laws. The image in questions is now removed from my web server. Here is the link to the product: http://www.gardeningpalace.com/index.php? main_page=advanced_search_result&search_in_description=1&keyword=e3292&x=44&y=15. I also notified the supplier and source of the image, Hazzards Seeds. This note was also sent per fax to (206) 925-5001. Please advice. Sincerely, Richard Ludwig

No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.3343 / Virus Database: 3162/6348 - Release Date: 05/22/13 No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.3343 / Virus Database: 3184/6369 - Release Date: 05/30/13

5/30/2013

Go to this report

Gardening Palace - http://www.gardeningpalace.com

Gardening Palace [DEFAULT]

Content Drilldown
% of pageviews: 100.00%

Jul 28, 2012 - May 10, 2013

Explorer Site Usage

Pageviews
500 500

250

Au...

October 2012

December 2012

February 2013

April 2013

Pageviews

Unique Pageviews

Avg. Time on Page

Bounce Rate

% Exit

11,410
% of Total: 100.00% (11,410)

7,315
% of Total: 100.00% (7,315)

00:00:53
Site Avg: 00:00:53 (0.00%)

66.58%
Site Avg: 66.58% (0.00%)

27.48%
Site Avg: 27.48% (0.00%)

Page path level 1

Pageviews

Unique Pageviews

Avg. Time on Page

Bounce Rate

% Exit

411.

/index.php? main_page=product_info&cPath=146&products_id=328 /index.php? main_page=product_info&cPath=146&products_id=329 main_page=product_info f &cPath=146&products_id=329 /index.php? main_page=product_info&cPath=146&products_id=336 /index.php? main_page=product_info&cPath=146&products_id=343 /index.php? main_page=product_info&cPath=146&products_id=347 /index.php? main_page=product_info&cPath=153&products_id=235 /index.php? main_page=product_info&cPath=153&products_id=239 /index.php? main_page=product_info&cPath=153&products_id=242 /index.php? main_page=product_info&cPath=153&products_id=243 /index.php? main_page=product_info&cPath=153&products_id=245

00:00:06

0.00%

0.00%

412.

00:02:37

0.00%

33.33%

413.

00:00:34

0.00%

33.33%

414.

00:00:06

0.00%

0.00%

415.

00:09:18

100.00%

33.33%

416.

00:00:13

0.00%

0.00%

417.

00:00:10

0.00%

0.00%

418.

00:00:41

0.00%

0.00%

419.

00:01:04

0.00%

0.00%

420.

00:00:15

0.00%

0.00%

Rows 411 - 420 of 1912

2013 Google