Catalyst Complaint Cover Page

435830

Complaint
Number 435830 Date 8/26/2013 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Garcia Huizar, Elena $0.00 $1,750.00 $0.00

Location Kennewick - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Robert Laughter 222 Catherine Court Fleetwood, NC 28626 Phone Day (336) 624-0187 Phone Evening Email rob@connectiveinsights.co m

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 999 Practice Other/Miscellaneous

Activities
Date Added 8/29/2013 8/29/2013 9/6/2013 9/6/2013 Activity Type Email to Respondent Email to Complainant Email from Respondent Email to Complainant Csup Closing Unadjusted (C-UNJ) To: rob@connectiveinsights.com Activity R 1st Letter to Respondent To: copyright.compliance@gettyimages.com C 1st Letter to Complainant To: rob@connectiveinsights.com

435830

1 of 2

Date Added 9/6/2013 9/6/2013

Activity Type Email to Respondent Resolution-UNADJUSTED

Activity Rsup Closing No Adjustment (R-UNJ) To: copyright.compliance@gettyimages.com

435830

2 of 2

Catalyst Report
Complaint Description
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.

Rob Laughter <rob@connectiveinsights.com>

1386498 - Stacy Perkins, LCPC Ltd CRM:014111634

6 messages License Compliance <License.Compliance@gettyimages.com> Fri, Aug 16, 2013 at 2:32 PM To: "rob@connectiveinsights.com" <rob@connectiveinsights.com>, License Compliance <License.Compliance@gettyimages.com> 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 as full and final settlement of the demand that was recently presented to Stacy Perkins, LCPC Ltd. This offer is made conditionally 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 the circumstances; as such we encourage prompt payment of this settlement as offered. 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 to this matter.

Best regards,

D. Bieker

Copyright Compliance Specialist Getty Images licensecompliance@gettyimages.com

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 A ND CONFIDENTIA L 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 S., Suite 400, Seattle, WA. 98104, USA, www.gettyimages.com. PLEA SE 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.

Rob Laughter <rob@connectiveinsights.com> To: License Compliance <License.Compliance@gettyimages.com> Dear Mr. Bieker,

Fri, Aug 16, 2013 at 3:13 PM

Thank you for your time on the phone this afternoon and for the willingness to work to reduce the fine that you've imposed. W e are a small, bootstrapped agency with a very limited budget. The fee of $1,750 is the equivalent of nearly four months ' revenues from Ms. Perkins ' account. Accordingly, it will take nearly a year to earn enough from her account to pay the fee. To be forced pay that amount in such a short time frame will require selling our limited assets and will result in undue harm to our business. As I mentioned during our conversation today:

1. 2. 3. 4.

the low resolution images in question were on our client's site for less than 60 days, the images were posted by a third party, not by our client or by our agency, the images weren't s old or directly used for profit, and 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 outs ourcing her work, initiated an audit of our other clients to ensure that there are no further violations, and reaffirmed our policy on stock images to 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 that y ou've enforced. I hope y ou'll rec ogniz e our c ommitment to settling this matter for our client and I hope y ou will work with us to do s o in a way that won't do unjust harm on our business. Regards, Rob Laughter
[Qu o ted te xt hidden ]

-Rob Laughter Managing Director Connective Insights, the W eb Marketing Company http://www.c onnectiveins ights.c om License Compliance <Licens e.Compliance@getty images.c om> Tue, Aug 20, 2013 at 11:16 AM To: Rob Laughter < rob@c onnectiveins ights.c om>, Licens e Compliance <Licens e.Compliance@getty images.c om> FOR SETTLEMENT PURPOSES ONLY

RE: 1386498 - Stac y Perk ins, LCPC Ltd.

Dear Rob Laughter,

Thank y ou for y our c ontinued time. Getty Images respectfully dec lines y our offer to s ettle this cas e at $500.00. Getty Images unders tands this was an unintentional infringement; however t hat does not less en Stac y Perk ins, LCPCs liability. The arrangement is for one full and final s ettlement in the amount of $1,750.00 if payment is received or pos tmark ed by Augus t 26, 2013.

Getty Images is merely s eek ing to rec over licens e fees that should have been paid had the appropriate licens es been obtained prior to the s tart of us e whic h inc ludes our c os ts of enforcement in this matter. Unfortunately, the us e has already occ urred. W hile we have reduced the amount that we are willing to accept, it is our pos ition that our initial demand was a fair offer c ons idering the us e in ques tion. Pleas e unders tand if we were to reduce the amount further, it would do a s erious diss ervice t o our photographers and our other c us tomers. Again, pleas e unders tand we s tand to protect our photographers from c opy right infringement even if it was unintentional. Unfortunately, there is nothing more I can do with respect to reducing the s ettlement amount further.

The terms of this s ettlement offer shall be k ept c onfidential, ex cept as may be required by law. Getty Images

ex pressly res erves all rights and remedies available under c opy right law. Thank y ou for y our time and attention to this matter.

Bes t regards,

D. Biek er

Copy right Compliance Specialis t Getty Images licens ec ompliance@getty images.c om

Getty Images Headquarters 605 5th Avenue S., Suite 400 Seattle, WA 98104 USA

Direct 206.925.7622 Toll Free: 800.972.4170 ex t 7622 Fax : 206.925.5001

For more information about the Getty Images Licens e Compliance Program, pleas e vis it http://c ompany.getty images.c om/licens e-c ompliance

_____

2012 Getty Images, Inc . PRIVILEGED AND CONFIDENTIAL This mess age may c ontain privileged or c onfidential information and is intended only for the individual named. If y ou are not the named address ee or an employ ee or agent respons ible for delivering this mess age to the intended recipient y ou should not diss eminate, dis tribute or c opy this e-mail or any attac hments hereto. Pleas e notify the s ender immediately by e-mail if y ou have received this e-mail by mis tak e and delete this e-mail and any attac hments from y our sys tem without c opy ing or dis c los ing the c ontents. E-mail transmiss ion cannot be guaranteed to be s ec ure or error-free as information c ould be intercepted, c orrupted, los t, des troy ed, arrive late or inc omplete, or c ontain virus es. The s ender therefore does not accept liability for any errors or omiss ions in the c ontents of this mess age, whic h aris e as a result of e-mail transmiss ion. If verification is required pleas e reques t a hard-c opy vers ion. Getty Images, 605 5th Avenue S., Suite 400, Seattle, WA. 98104, USA,

www.getty images.c om. PLEASE NOTE that all inc oming e-mails will be automatically s canned by us and by an ex ternal s ervice provider to eliminate uns olicited promotional e-mails ("spam"). This c ould result in deletion of a legitimate e-mail before it is read by its intended recipient at our firm. Pleas e tell us if y ou have c oncerns about this automatic filtering.

From: Rob Laughter [mailto:rob@connectiveinsights.com] Sent : Friday, August 16, 2013 12: 14 PM To: License Compliance Subject : Re: 1386498 - S tacy Perkins, LCPC Ltd CRM: 014111634
[Qu o te d te xt h i dd en ]

Rob Laughter < rob@c onnectiveins ights.c om> To: Licens e Compliance <Licens e.Compliance@getty images.c om> Bcc : Stac y Perk ins <s tac ylp3@aol.c om> Dear Mr. Biek er,

Tue, Aug 20, 2013 at 4:58 PM

Thank y ou the time and attention given y our respons e. Pleas e do unders tand that I would lik e to s ettle this matter amicably. Unfort unately, as I mentioned in my prior email, we s imply do not have the cash funds to meet y our s ettlement offer at this time. I'll remind y ou that my c ompany is not legally respons ible for this c laim, as the infringement was c ommitted by a third-party independent c ontractor who was not engaged by or acting on behalf of my c ompany. I have email doc umentation between my team members and mys elf to verify this c laim. I've offered to s ettle this matter with y ou as a c ourtesy to my c lient, who runs a small bus iness lik e mys elf and would lik e to s ee this matter res olved as quic kly as poss ible. You mention fairness in your res pons e, and I mus t object to the fairness of demanding an ex orbitant s um of money from a s mall bus iness owner who is at bes t an "innocent infringer, " which would, according to the US Code 17 USC 504, limit s tatutory damages to $200 per image. Even then, the damages would apply only in the event that the images were regis tered with the US Copyright office. To that effect, you have not proven that Getty 's ex clus ive legal claim to the image or Getty 's ex clus ive rights to the image. One of the images referenced by my client, "TIRED W OMAN HOLDING HER HEAD UP IN CAFE" by Mr. Alain Dauss in, currently appears on at least 44 different webs ites dating back to 2008 according to a s earch at TinEy e.com. I need to be s ure that your company has the exc lusive right s to the image before I can in good cons c ienc e reach a s ettlement of the cons equenc e that you've s ugges ted. The letter that you s ent to my client--which s he forwarded to me--contains no images , no proof of infringement, and no proof to your company 's claim to the ex clus ive rights to the image. To help mak e an informed dec is ion on how to proc eed, I mus t at leas t ins is t on s eeing s ome proof of your claim. For my referenc e, can you pleas e provide the following information? US Copyright Offic e regis tration number(s ) for the infringing images proving Getty 's ex clus ive legal claim to the images Doc umentation of your lic ens e arrangements with Mr. Dauss in (alain.dauss in@s kynet.be) and Mr. Lambert (jus tin@jus tinlambert.co.uk ) permitting the actions that you are tak ing agains t my client An itemiz ed formula for reaching the s ettlement amount you have referenc ed in your counteroffer

Thank you again for your prompt attention and ass is tanc e in providing the reques ted doc umentation in hopes of res olving this matter. Regards Rob Laughter
[Qu ote d te xt h i dd e n ]

License Compliance <Lic ens e.Complianc e@getty images .com> Fri, Aug 23, 2013 at 12:16 PM To: Rob Laughter <rob@connectiveins ights .com>, Lic ens e Complianc e <Lic ens e.Complianc e@getty images .com> FOR SETTLEMENT PURPOSES ONLY

RE: 1386498 - Stacy Perk ins , LCPC Ltd.

Dear Rob Laughter,

Thank you for your continued time. The reques ted articles - s uch as proof, regis trations and repres entation would be furnis hed only when compelled by the court through the cours e of dis covery. To provide this information beforehand would tak e addit ional time as well as additional cos ts . Our s ettlements are s et up to quickly clos e unauthoriz ed us e cas es . If cas es were to go to legal proc eedings , our repres ented photographers would have regis trations prior to filing.

The full liability of this infringement res ts with Stacy Perk ins , LCPC Ltd. If you are interes ted in s ettling this matter on behalf of Stacy Perk ins , LCPC Ltd., Getty Images would ex pect full payment of $1,750.00 to be pos tmark ed by Augus t 26, 2013. If we are unable to reach s ettlement by this deadline, Getty Images will continue to purs ue Stacy Perk ins , LCPC Ltd. directly.

The terms of this s ettlement offer s hall be k ept confidential, ex c ept as may be required by law. Getty Images ex press ly res erves all rights and remedies available under copyright law. Thank you for your time and attention to this matter.

Bes t regards ,

D. Biek er

Copyright Complianc e Spec ialis t Getty Images lic ens ecomplianc e@getty images .com

Getty Images Headquarters 605 5th Avenue S., Suite 400 Seattle, WA 98104 USA

Direct 206.925.7622 Toll Free: 800.972.4170 ex t 7622 Fax : 206.925.5001

For more information about the Getty Images Lic ens e Complianc e Program, pleas e vis it http://company.getty images .com/lic ens e-complianc e

_____

2012 Getty Images , Inc. PRIVILEGED AND CONFIDENTIAL This mess age may contain privileged or confidential information and is intended only for the individual named. If you are not the named address ee or an employ ee or agent res pons ible for delivering this mess age to the intended rec ipient you s hould not diss eminate, dis tribute or copy this e-mail or any attachments hereto. Pleas e notify the s ender immediately by e-mail if you have rec eived this e-mail by mis tak e and delete this e-mail and any attachments from your s y s tem without copy ing or dis clos ing the contents . E-mail trans miss ion cannot be guaranteed to be s ec ure or error-free as information could be interc epted, corrupted, los t, des troy ed, arrive late or incomplete, or contain virus es . The s ender therefore does not acc ept liability for any errors or omiss ions in the contents of this mess age, which aris e as a res ult of e-mail trans miss ion. If verification is required pleas e reques t a hard-copy vers ion. Getty Images , 605 5th Avenue S., Suite 400, Seattle, WA. 98104, USA, www.getty images .com. PLEASE NOTE that all incoming e-mails will be automatically s canned by us and by an ex ternal s ervic e provider to eliminate uns olic ited promotional e-mails ("s pam"). This could res ult in deletion of a legitimate e-mail before it is read by its intended rec ipient at our firm. Pleas e tell us if you have conc erns about this automatic filtering.

From: Rob Laughter [mailto:rob@connectiveinsights.com] Sent : T uesday, August 20, 2013 1: 59 PM

[Qu ote d te xt h i dd e n ] [Qu ote d te xt h i dd e n ]

Rob Laughter <rob@connectiveins ights .com> To: Lic ens e Complianc e <Lic ens e.Complianc e@getty images .com>

Fri, Aug 23, 2013 at 1:44 PM

Dear Mr. Biek er, Thank you for your res pons e. I mus t again object to s ubjecting an innoc ent webs ite owner to s uch an ex orbitant fine without the courtes y of providing proof of your claim. It would only tak e a few moments of your time to provide the US Copyright Offic e regis tration numbers for the photos in ques tion--if the photographs are indeed regis tered. Ins tead, you've refus ed to provide proof of your ex clus ive legal claim to the images , you've provided no proof of regis tration, and you're demanding an arbitrary s ettlement with no ex planat ion. That's not a s ettlement--that's ex tortion. There is nothing s topping your company from s ending notic es about images that you don't own, demanding s ettlement, refus ing to demons trate your claim, and threatening legal action in the event that innoc ent webs ite owners don't pay your fine. Before I can agree to s ettle this matter, I mus t again ins is t on s eeing the proof that your company does in fact have an ex clus ive legal claim to the images and that your company has the authority to purs ue the matter. Simply put, if you can demons trate your claim, I'll quickly and quietly s ettle for the amount you've reques ted. If you are unwilling to do s o, I will happily honor my offer of $500 to compens ate the photographers for this mis tak e. I have s everal hundred photographs publis hed my s elf, and I believe that photographers des erve to be compens ated for their hard work. Pleas e be aware that the automated res pons e rec eived from emailing the Lic ens e Complianc e department very clearly s tates that there is a delay in res pons e time to thes e emails and, "Pleas e note that any pending deadlines will be ex tended accordingly." I trus t you'll honor the promis ed ex tens ion of deadlines as we work to res olve this matter. Regards , Rob Laughter
[Qu ote d te xt h i dd e n ]