Complaint Category: Failure to provide itemized billing as requested

Complaint 10/23/2013: *** ******** ******** ****** is filing a complaint against Getty Images, Inc. Getty Images sent our dental office a letter on May 28, 2013, claiming our website was using an unlicensed image, owned by Getty. Because there was no record of purchase by *********** ******** ****** for this image, they are seeking payment in the amount of $780.00. We responded in writing to Getty Images on June 11, 2013, explaining that our web designer was not aware that the image was owned by Getty as there is no listing or payment/licensing options connected to the image in question. The image was obtained as part of a sample site and was scheduled to be replaced. All images on our website were taken by our personal photographer. The site went live in January 2013, and the image was overlooked and unfortunately not replaced as it should have been. We requested that Getty Images provide the copyright and registration for the image, and we would gladly come to a settlement agreement. A second letter from Getty Images was sent on June 19, 2013, stating they are unwilling to provide any ownership information of the image, at this stage of the claim. Our response letter was sent on July 16, 2013, stating that we have made a reasonable attempt to resolve the matter, however we are not comfortable blindly agreeing to pay the outrageous amount of their claim. In good faith, we would amicably agree to pay $200.00, once ownership was proven. On September 5, 2013, a letter (and email) was sent from NCS IP Solutions, LLC notifying us they had been retained by Getty Images. *** ******'s ******** ****** has tried multiple times to resolve the matter with Getty Images,Inc. It is unethical for Getty Images to claim ownership and demand payment without any proof of said image.

Initial Business Response 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. Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place. 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/. 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

Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) FINAL RESPONSE FROM *********** ******** ****** *********** ******** ****** has tried multiple times to resolve the matter with Getty Images. We continue to request proof of ownership of the image, and unfortunately they have chosen to not do so. Therefore, we do not accept the

response provided as there has been no resolution offered.

Final Business Response We have received the above Complainant's response to our previous letter summarizing Getty Images' claim for copyright infringement. We note that the Complainant has not addressed the legal issue of having displayed our imagery without authorization. We have provided screenshots and links showing proof of infringement. To reiterate, we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place. Should the BBB require any additional information about this matter, please do not hesitate to contact us. Sincerely, Getty Images - Copyright Compliance

Complaint Resolution: Company failed to resolve the complaint issues through BBB voluntary and self-regulatory process. - See more at: http://www.bbb.org/western-washington/businessreviews/photographs-stock/getty-images-in-seattle-wa37000916/complaints#breakdown