WA State AG Complaint - 122

The Complainant characterizes our attempts to settle our copyright infringement claims as “extortion.” However, our communications with them do not in any way constitute “wrongful threats” within the meaning of extortion statutes. On the contrary, demand for payment in satisfaction of a legal claim is not wrongful conduct.

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

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Csup Closing Unadjusted (C-UNJ) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

April 18, 2013

Steven Neal Goodson231 Oligi CircleLoudon, TN 37774

RE: Getty ImagesFile #: 428610

Dear Steven Neal Goodson:

Our office has received a response from Getty Images declining to adjust your complaint for the reasons outlined in the response.

We realize you may disagree with Getty Images’s position. However, our office does not have the legal authority to force the parties to resolve their dispute. We regret that we are unable to provide further assistance to you in this situation.

We do not have the legal authority to act as an attorney for private individuals, nor may we act as a judge or arbitrator in individual disputes. If you would like to pursue the matter, you may wish to contact Small Claims Court in your County. General information about Small Claims Court, including contact information, can be found by visiting the following website:

https://www.courts.wa.gov/newsinfo/resources/ - fa=newsinfo_jury.scc&altMenu=smal

For referrals to attorneys in your area, you may call one of the following numbers: Clark County: 360-695-0599 King County: 206-623-2551 or 211 Lewis County: 360-748-0430 Pierce County: 253-383-3432 Snohomish County: 425-388-3018 Spokane County: http://www.spokanebar.org/ (Telephone number not available) Thurston County: http://thurstoncountybar.com/ (Telephone number not available)

If you cannot afford an attorney, and have a non-criminal legal problem, you may qualify for assistance from the NW Justice Project’s CLEAR Coordinated Legal Advice, which can be reached Toll Free at 1-888-201-1014 or online at the following website:

WencilaF 4/18/2013

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http://www.nwjustice.org/about_njp/clear.html. In addition, if you are 60 or over, you may call CLEAR SENIOR at 1-888-387-7111 regardless of income.

You may also wish to contact the Washington State Dispute Resolution Center nearest you to see if they can assist in mediating your dispute. You can obtain additional information about the Dispute Resolution Centers at these websites:

<http://www.courts.wa.gov/court_dir/ - fa=court_dir.dispute> <http://www.resolutionwa.org/>.

Please be aware that the Dispute Resolution Centers do not provide attorney referrals or legal advice.

We appreciate your bringing this matter to our attention. Your complaint will remain a part of our public record of this firm’s business practices.

WENCY V. OFFRILProgram CoordinatorConsumer Protection Division(206) 464-6686Fax: (206) [email protected]

EnclosureFrom: Copyright Compliance [mailto:[email protected]] Sent: Thursday, April 18, 2013 1:39 PMTo: ATG MI Seattle CRCSubject: RE: 428610 : A notice from the Washington State Attorney General'sOffice

Re: Steven Neal Goodson (Pirana Media) (the “Complainant”)

Your File # 428610Our Reference # 1299249

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

428610

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.


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.


Regards,


428610

428610

Rsup Closing No Adjustment (R-UNJ) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

April 18, 2013

Getty Images605 5th Ave S Ste 400Seattle, WA 98104

RE: Steven Neal GoodsonFile #: 428610

Dear Getty Images:

Thank you for your recent communication in response to the complaint from Steven Neal Goodson. Steven Neal Goodson has been informed of your response and that we have closed this complaint with regard to our informal mediation service. We have notified the complainant of the availability of private legal remedies in the event the complainant wishes to pursue this matter further.Although this was not resolved to the parties’ mutual satisfaction, we appreciate your response. This complaint will remain in our public records.Please be advised even though we are closing this complaint, we may open a formal investigation or take future action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.


WencilaF 4/18/2013

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Pirana Media

February 9, 2013

Copyright Compliance Team Certified Mail

Getty Images Inc. 7006 0100 0006 1987 5497

PO Box 84434

Seattle, WA 98124-5734

RE: Unauthorized Use Notification

Case Number:1299249 | Access Code: 0Y0emDG4 | URL: http://lc.gettyimages.com

To Whom It May Concern:

I am in receipt of your correspondence dated January 29, 2013 stating that my company website

(PiranaMedia.com) has made use of two small images which your company asserts to holding the legally

copyrighted management and licensing rights. You further infer that my company may have used these images

without a valid license from Getty Images, Inc. (Getty). Your correspondence goes on to say that I now owe

Getty Images, Inc. $2,130.00 for the “unauthorized” use of these two images.

Upon receipt of your correspondence, I immediately removed these two images from my website as a good faith

gesture, all without having any proof that your firm actually has any legally binding copyright or management

agreement with the original photographerss of these images. I would never knowingly use copyrighted material

and most definitely thought these were commonly available to the general public in the public domain. I can

assure you that if the alleged copyright infringement did take place, that it was entirely innocent, inadvertent and

unwilling on my part.

As a graphic artist, photographer and web designer, I have an extensive library of fonts, clipart, vector images,

templates, banners, photography and image clips that date back ten years or more and there is no way for me at

this time to realistically identify where I obtained the two images in question. I might note that the two images

had no watermark, digimarc, or exif data embedding into the image file which identified it as (i) a Getty image,

(ii) a copyrighted image, or (iii) an image with licencing requirements by a specific photographer.

I went to the Getty website (GettyImages.com) to view the two images referenced in this claim and found that the

images (measuring 1.625" x 1.0625") are readily available to any person using a screen-grab. There is no

watermark or any other type of protection until one rolls their mouse over the image when a larger photos pops

up with a watermark. Unfortunately, Getty has not done a very good job at protecting the images they represent

to manage.

I was perplexed as to the valuation that you have placed on the two small images which are approximately 180px

by 150px shown at a rate of $1,065.00 each, when your website catalog shows the images are valued at $415.00

each (screen shot attached). Additionally, it seems odd that most of your images are valued between $15 and

$50, but somehow the two pertaining to my situation have extreme value far exceeding the norm. It’s as though

you have increased the price for these two simple images now that an alleged copyright issue has come to light.

231 Oligi Circle � Loudon, Tennessee 37774 � (865) 408-7475

www.PiranaMedia.com

Copyright Compliance Team

Getty Images Inc.

February 9, 2013

Page 2

To further evaluate your claim in regards to valuation, I will need the following information.

A. An exact detailed formula as to how you determined the $1,065.00 fee for each image.

B. A detailed sales history with actual prices paid and with contact information of all customers that

have purchased these two images since January 29, 2008 (60 months).

Let’s be honest and admit that the fair market price for these type images is less than $10.00 each. I might add

that if Getty can ask and actually get a market price of $415.00 each (as now advertised on their website) for

these two 180px by 150px images, of this subject matter and quality, I have thousands of images I would like to

license with Getty and receive a 50% split for each transaction. Consequently, I have attached an image sheet

containing six (6) photos similar in content and size as those that are in question. They can also be viewed at the

following URL:

http://www.piranamedia.com/KeyboardImages/

For the record, these six images took me approximately ten (10) minutes to photograph, Photoshop and print.

Had I spent some additional time in Photoshop, they would have looked better. These images were done at my

desk using a Nikon D7000 camera and a 18-200mm lens, with no special lighting, backdrops, or props. These

images are so simplistic that they could have been taken with an average point-n-shoot camera which would have

achieved the same results.

Prior to this event, I have had no prior affiliation or business dealings with Getty nor have I ever been to their

website. Because of this correspondence I have been forced to spend numerous hours of carful investigation

regarding Getty’s business practices and past legal claims which are similar to this situation, specifically (i) the

2008 court case titled Getty vs. Advernet, (ii) the class action lawsuit in Israel, and (iii) the fact that Getty was

"selling" images on their site that were in the public domain and they held no copyright nor management

agreement. Therefor, I must demand strict proof of your claim. Before any more discussion can take place you

will need to forward the following documentation to my attention for review.

1. Copyright registration with the United States Copyright Office and the chain of title for the image.

2. Signed Licensing and/or Management Agreement between Getty and each of the photographers.

3. Evidence which determines that the copyright is for the individual images or a group of images.

4. The exact day or period of time that Getty asserts the alleged infringement took place.

5. Contact information for both photographers, i.e., mailing address and telephone number.

6. Website or other web presence information for both photographers.

7. The specific file format in which your images are distributed for purchase (example - png / jpg / gif).

In closing, I would like to thank you for notifying me of this alleged infringement and I look forward to a fair and

amicable resolution to your claim.

Regards,

Steve N. Goodson

/3 enclosures

PPirana Media 231 Oligi Circle, Loudon, TN 37774

(865) 408-7475

Calculator Keyboard 1 180px X 150px

Calculator Keyboard 2 180px X 150px

Calculator Keyboard 3 (Warm Tone)

180px X 150px

Calculator Keyboard 4 (Emphasis on Number Two)

180px X 150px

Telephone Keypad 1 (Left Tilt)

150px X 180px

Calculator Keyboard 3 (12 keys)

150px X 180px

[8d] [8d]

[5a]

[5a]

[8d][8d]

[5a]

[5a]

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date

Name Contact Phone Toll Free Email


(206) 925-6753 [email protected]

428768

4/4/2013

Respondent(s)

Complaint

Vancouver - Consumer Protection Division

Date Added Activity Type Activity

4/5/2013 Email to Respondent R 1st Letter to Respondent To:[email protected]

4/5/2013 Form Letter to Complainant C 1st Letter to Complainant

4/26/2013 Email to Respondent R 2nd Letter to Respondent To:[email protected]

4/26/2013 Form Letter to Complainant C 2nd Letter to Complainant

541920-Photographic Services

Assignee Egeler, Connie C

$0.00

$0.00

$0.00

Code Practice

316 Billing Issues

647 Duty to comply with laws & codes

Practice(s)

Closed

Referral(s)Name Contact Phone Contact Phone Email

428768

CatalystComplaint Cover Page

Name Phone Day Phone Evening Email

David Royer3472 Cumberland LnFrisco, TX 75033

1 of 2428768


4/29/2013 Email from Respondent unadj

4/29/2013 Form Letter to Complainant Csup Closing Unadjusted (C-UNJ)

4/29/2013 Email to Respondent Rsup Closing No Adjustment (R-UNJ) To:[email protected]

4/29/2013 Resolution-UNADJUSTED

2 of 2428768

R 1st Letter to Respondent To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division1220 Main Street, Suite 549 Vancouver, WA 98660 (360) 759-2152

April 5, 2013


RE: David RoyerFile #: 428768

Dear Getty Images:

Our office has received the enclosed complaint from David Royer regarding your business.

We forward consumer complaints to businesses in order to afford the business an opportunity to respond in writing. Many businesses have found this process to be beneficial. Complaints and responses received in our office are a matter of public record.

Our office informally mediates complaints as a service to consumers and businesses. We may not act as an advocate or private attorney for either party. However, complaints may indicate a pattern of unfair or deceptive trade practices warranting further attention by our office. Failure to respond to this complaint will be reflected in our public records, which are available to the public under the Public Records Act.

Our office requests you reply in writing within 21 business days so that we may determine how to proceed in this matter. Please address your response to me and include our file number 428768.

Thank you for your attention to this matter.

CONNIE C. EGELERComplaint AnalystConsumer Protection Division(360) 759-2152Fax: (360) [email protected]

ConnieE 4/5/2013

428768

Bob FergusonATTORNEY GENERAL OF WASHINGTON1220 Main Street, Suite 549? Vancouver, WA 98660? (360) 759-2152

April 5, 2013



Dear David Royer:

The complaint you submitted to our office has been assigned to me. I have provided a copy of your complaint to Getty Images and requested a response within 21 business days. I will notify you when a response is received regarding your complaint.

Our informal mediation service takes approximately 6-8 weeks. Your patience during this process is appreciated.

Our office brings lawsuits in the name of the State of Washington, rather than on behalf of private individuals. If a business does not respond or declines to adjust your complaint, this office cannot require it to do so. The Consumer Protection Act does not give us authority to act as your private attorney.

Our office obtains valuable information from individual consumer complaints. Your complaint will become part of our public record of business practices. We maintain complaint files of business practices that may be useful if enforcement action on behalf of the State of Washington is warranted in the future.

If a response is not received or if your complaint is not resolved, we will inform you of alternatives if you wish to pursue this matter further. If you need to contact me, please have your complaint number available for reference.

Thank you for contacting our office.

CONNIE C. EGELERComplaint AnalystConsumer Protection Division(360) 759-2152Fax: (360) 759-2159

ConnieE 4/5/2013

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[email protected]

428768

R 2nd Letter to Respondent To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division1220 Main Street, Suite 549 Vancouver, WA 98660 (360) 759-2152

April 26, 2013



Dear Getty Images:

Recently our office forwarded a copy of the complaint filed by David Royer regarding your business and requested your position in writing on this matter. To date, we have not yet received your written response.

Most of the businesses that participate in our informal mediation process find it to be beneficial. Responding to consumer complaints provides you with an opportunity to respond to the complaint and have your position on this matter considered and added to the public record. In addition, responding to the consumer’s complaint allows you an opportunity to offer a resolution to the complaint. Therefore, we are again requesting that you respond to and provide us with your position on the complaint.

Our office acts as a neutral party in our informal mediation and cannot represent or provide legal advice to either party. However, we maintain a record of adjusted and unadjusted complaints that is available to the public under the Public Records Act. In addition, where our office finds evidence of unfair or deceptive business practices, we may bring formal legal action to stop those practices under Washington State’s Consumer Protection Act.

Please address your written response to me including the file number 428768 within the next seven business days. You may respond by email, fax, or U.S. mail.


CONNIE C. EGELERComplaint AnalystConsumer Protection Division(360) 759-2152

ConnieE 4/26/2013

428768

Fax: (360) [email protected]

Enclosure

428768


April 26, 2013



Dear David Royer:

Our office has recently forwarded a second copy of your complaint to Getty Images requesting a response to your complaint.

We have requested a response to your complaint within seven business days. If a response is not received within that time, we will make a final attempt to contact the business for its response. If we do not receive a response from the business, we will contact you again with possible alternatives that may be available to you.

If you have any questions you may contact me directly at (360) 759-2152. Thank you for contacting our office.


ConnieE 4/26/2013

428768

From: Copyright Compliance [mailto:[email protected]] Sent: Monday, April 29, 2013 11:09 AMTo: ATG MI Vancouver CRCSubject: RE: 428768 : A notice from the Washington State Attorney General'sOffice

Re: Royer, David (DLCA Enterprises, LLC) (the “Complainant”)Your File # 428768Our Reference # 1319007


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.


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. The unauthorized use fee is in line with what we would typically charge for a license under these circumstances.

While we appreciate that the Complainant may have already 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.

The Complainant characterizes our attempts to settle our copyright infringement claims as

ConnieE 4/29/2013

428768

“extortion.” However, our communications with them do not in any way constitute “wrongful threats” within the meaning of extortion statutes. On the contrary, demand for payment in satisfaction of a legal claim is not wrongful conduct.

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/. As noted above, 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.


Regards,


Getty Images - Copyright CompliancePLEASE NOTE OUR NEW ADDRESS:605 Fifth Avenue South, Suite 400Seattle, WA 98104

T: (206) 925-5000F: (206) [email protected]

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 email or any attachments hereto. Please notify the sender immediately by email if you have received this email by mistake and delete this email and any attachments from your system without copying or disclosing the contents. Email 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 email transmission. If verification is required, please request a hard-copy version. Getty Images, Inc., 605 Fifth Ave. S., Ste. 400, Seattle, WA 98104, USA, www.gettyimages.com

428768


April 29, 2013



Dear David Royer:







http://www.nwjustice.org/about_njp/clear.html. In addition, if you are 60 or over, you may call

ConnieE 4/29/2013

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CLEAR SENIOR at 1-888-387-7111 regardless of income.






EnclosureFrom: Copyright Compliance [mailto:[email protected]] Sent: Monday, April 29, 2013 11:09 AMTo: ATG MI Vancouver CRCSubject: RE: 428768 : A notice from the Washington State Attorney General'sOffice

Re: Royer, David (DLCA Enterprises, LLC) (the “Complainant”)Your File # 428768Our Reference # 1319007




428768


While we appreciate that the Complainant may have already 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.


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/.As noted above, 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.


Regards,




428768

www.gettyimages.com

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 email or any attachments hereto. Please notify the sender immediately by email if you have received this email by mistake and delete this email and any attachments from your system without copying or disclosing the contents. Email 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 email transmission. If verification is required, please request a hard-copy version.Getty Images, Inc., 605 Fifth Ave. S., Ste. 400, Seattle, WA 98104, USA, www.gettyimages.com

428768

Rsup Closing No Adjustment (R-UNJ) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division1220 Main Street, Suite 549 Vancouver, WA 98660 (360) 759-2152

April 29, 2013



Dear Getty Images:

Thank you for your recent communication in response to the complaint from David Royer. David Royer has been informed of your response and that we have closed this complaint with regard to our informal mediation service. We have notified the complainant of the availability of private legal remedies in the event the complainant wishes to pursue this matter further.Although this was not resolved to the parties’ mutual satisfaction, we appreciate your response. This complaint will remain in our public records.Please be advised even though we are closing this complaint, we may open a formal investigation or take future action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.


ConnieE 4/29/2013

428768

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date


McCormick Business Law617 Lee StreetSeattle, WA 98109Getty Images605 5th Ave S Ste 400Seattle, WA 98104


428968

4/9/2013

Respondent(s)

Complaint

Seattle - Consumer Protection Division

561440-Collection Agencies

Assignee Wu, Andrew F

$0.00

$1,065.00

$0.00

Code Practice

404 Collection Practices

640 Fees

Practice(s)

Closed


428968



Marc Joseph Yland2500 Rte 347 Bldg 24CStony Brook, NY 11790


1 of 2428968


4/9/2013 Intake Notes c listed himself as the "R". From the summary, I set up Mccormick Business Law as the Respondent. Per the attachment I listed Getty Images as a respondent. Two R's currently assigned: Mccormick and Getty

4/9/2013 Intake Notes after SH reviewed and assigned to AW, I am adding:

C lists McCormick, but that R may be McCormack Intellectual Property Law. Leaving intake note for Wu to take from here.

4/15/2013 Email to Complainant C 1st Letter to Complainant To:[email protected]


4/15/2013 Form Letter to Business R 1st Letter to Respondent

5/8/2013 Email from Respondent Response from Getty Images

5/8/2013 Email to Complainant C Response from one Respondent To:[email protected]


5/10/2013 Email from Respondent Response from McCormick Business LawDocument 428968B

5/10/2013 Email to Complainant Csup Closing Unadjusted (C-UNJ) To:[email protected]

5/10/2013 Form Letter to Business Rsup Closing Neutral (R-NEU)


2 of 2428968

Description

I have been contacted by a law firm called McCormick Business Law, 617 Lee Street Seattle WA 98109.They have put us in collections for non payment on a Getty Images copyright infringement. We have paid it due to continued harassment. I am stoping payment on the credit card today.

Complaint Description

Catalyst Report

C 1st Letter to Complainant To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

April 15, 2013


RE: McCormick Business Law and Getty ImagesFile #: 428968

Dear Marc Joseph Yland:

The complaint you submitted to our office has been assigned to me. I have provided a copy of your complaint to McCormick Business Law and Getty Images and requested a response within 21 business days. I will notify you when a response is received regarding your complaint.






ANDREW F. WUProgram Specialist 2Consumer Protection Division

AndrewW2 4/15/2013

428968

(206) 389-2102Fax: (206) [email protected]

428968

R 1st Letter to Respondent To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

April 15, 2013


RE: Marc Joseph YlandFile #: 428968

Dear Getty Images:

Our office has received the enclosed complaint from Marc Joseph Yland regarding your business.





ANDREW F. WUProgram Specialist 2Consumer Protection Division(206) 389-2102Fax: (206) [email protected]

AndrewW2 4/15/2013

428968

COMPLAINT SUMMARYConsumer Information

Name:Marc Joseph Yland

Address:2500 Rte 347 Bldg 24CStony Brook, NY 11790

Day Phone:(631) 941-0187

Evening Phone:

E-mail Address:[email protected]

Age Group (optional):50-59

Do you want the Attorney General's Office to send this business a copy of your complaint -

Yes

Names and addresses of any other complainants involved:Business Information

Name of business that I am complaining about:McCormick Business Law

Address:617 Lee StreetSeattle, WA 98109

Phone:

Toll-Free:

Fax:

E-mail:

Name of owner or manager (if known):428968

Marc J Yland

Names and addresses of any other businesses involved in your complaint:Getty Images605 5th Ave S Ste 400Seattle, WA 98104

Item or service purchased:alleged copyright infringement

Cost of item or service:1065.00

Did you sign a contract -No

Date of transaction:40/08/2013

Salesperson's name:

Was an advertisement involved -No

Date and source of advertisement:

About Your Complaint

Have you complained to the business -No

If YES, to whom (include position) -

What response did you receive -

If you have not contacted the business, explain why:Have you filed a complaint about this business with the Attorney General's Office before -

No

If yes, list the file number assigned to that complaint: Have you contacted a private attorney -No

If YES, identify the name and address of the attorney:

Is there a court or other legal proceeding pending - 428968

No

If YES, please explain:

Explain your complaint in detail:I have been contacted by a law firm called McCormick Business Law, 617 Lee Street Seattle WA 98109. They have put us in collections for non payment on a Getty Images copyright infringement. We have paid it due to continued harassment. I am stoping payment on the credit card today. What do you think the business should do to resolve your complaint - (circle one)RFDExplain if you have circled 'Other':

SIGNATUREI understand that by submitting this complaint to the Washington State Attorney General's Office my complaint and any response from the business and all communications with Attorney General’s Office will become public records under state law. Public records are subject to public records disclosure requests and as a public record, my complaint and all related documents may be seen by other people.

I declare, under penalty of perjury under the laws of the State of Washington, that the information contained in this complaint is true and accurate, and that any documents attached are true and accurate copies of the originals.

I understand that the Washington State Attorney General's Office will contact the party(ies) against which I have filed a complaint in an effort to reach an amicable resolution. I authorize the party(ies) against which I have filed a complaint to communicate with and provide information related to my complaint to the Washington State Attorney General's Office.

Signature Laurine Ermish Date 04/09/2013Received via the InternetCity and State where signed Stony Brook, NY

428968

Bob FergusonATTORNEY GENERAL OF WASHINGTON800 Fifth Avenue, Suite 2000? Seattle, WA 98104-3188? (206) 464-6686

April 15, 2013

McCormick Business Law617 Lee StreetSeattle, WA 98109


Dear McCormick Business Law:

Our office has received the enclosed complaint from Marc Joseph Yland regarding your business.






AndrewW2 4/15/2013

428968


Name:Marc Joseph Yland

Address:2500 Rte 347 Bldg 24CStony Brook, NY 11790

Day Phone:(631) 941-0187

Evening Phone:




Yes


Name of business that I am complaining about:McCormick Business Law

Address:617 Lee StreetSeattle, WA 98109

Phone:

Toll-Free:

Fax:

E-mail:

Name of owner or manager (if known):Marc J Yland

428968

Names and addresses of any other businesses involved in your complaint:Getty Images605 5th Ave S Ste 400Seattle, WA 98104

Item or service purchased:alleged copyright infringement

Cost of item or service:1065.00


Date of transaction:40/08/2013

Salesperson's name:








No



Is there a court or other legal proceeding pending - No

428968


Explain your complaint in detail:I have been contacted by a law firm called McCormick Business Law, 617 Lee Street Seattle WA 98109. They have put us in collections for non payment on a Getty Images copyright infringement. We have paid it due to continued harassment. I am stoping payment on the credit card today. What do you think the business should do to resolve your complaint - (circle one)RFDExplain if you have circled 'Other':




Signature Laurine Ermish Date 04/09/2013Received via the InternetCity and State where signed Stony Brook, NY

428968

From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, May 02, 2013 5:54 PMTo: ATG MI Seattle CRCSubject: RE: 428968 : A notice from the Washington State Attorney General'sOffice

Re: Marc Joseph Yland (Marc J. Yland, MD, PC: Interventional & Multidisciplinary Pain Management) (the “Complainant”)Your File # 428968Our Reference # 12345678






AndrewW2 5/8/2013

428968



Regards,


Getty Images - Copyright Compliance605 Fifth Avenue South, Suite 400Seattle, WA 98104



428968

C Response from one Respondent To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

May 8, 2013


RE: McCormick Business Law and Getty ImagesFile #: 428968


Our office has received a response from Getty Images regarding your complaint. Attached is a copy for your records.

When we receive a response from McCormick Business Law we will contact you again.

If the business response does not resolve the complaint, we will inform you of other alternatives including private legal remedies.


Enclosure


Re: Marc Joseph Yland (Marc J. Yland, MD, PC: Interventional & Multidisciplinary Pain Management) (the “Complainant”)Your File # 428968

AndrewW2 5/8/2013

428968

Our Reference # 12345678








428968

Regards,





428968


May 8, 2013



Dear Getty Images:

Thank you for your recent communication in response to the complaint from Marc Joseph Yland. Marc Joseph Yland has been informed of your response and that we have closed this complaint with regard to our informal mediation service. We have notified the complainant of the availability of private legal remedies in the event the complainant wishes to pursue this matter further.Although this was not resolved to the parties’ mutual satisfaction, we appreciate your response. This complaint will remain in our public records.Please be advised even though we are closing this complaint, we may open a formal investigation or take future action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.


AndrewW2 5/8/2013

428968

From: Lauren Kingston [mailto:[email protected]] Sent: Friday, May 10, 2013 11:13 AMTo: ATG MI Seattle CRCSubject: Your File Number: 428968 / Our Case Number: 1220145

Dear Mr. Wu,

Attached is our response to the above referenced matter. A hard copy will follow by mail.

Sincerely,

Lauren KingstonAttorney at LawMcCormack Intellectual Property LawBusiness Law PS Mailing Address617 Lee StreetSeattle, WA 98109 Tel: 206-381-8888Direct: 206-330-0108Fax: 206-381-1988 Internet Addresswww.McCormackLegal.com <www.McCormackLegal.com>E: [email protected] This e-mail may contain confidential information which is legally privileged. The information is solely for the use of the addressee named above. If you are not the intended recipient, any disclosure, copying, distribution or other use of the contents of this information is strictly prohibited. If you have received this e-mail in error, please notify us by return e-mail and delete this message. Thank you.

AndrewW2 5/10/2013

428968


May 10, 2013


RE: McCormick Business LawFile #: 428968


Our office has received a response from McCormick Business Law declining to adjust your complaint for the reasons outlined in the response.

We realize you may disagree with McCormick Business Law’s position. However, our office does not have the legal authority to force the parties to resolve their dispute. We regret that we are unable to provide further assistance to you in this situation.





AndrewW2 5/10/2013

428968







Enclosure

428968


May 10, 2013

McCormick Business Law617 Lee StreetSeattle, WA 98109


Dear McCormick Business Law:

Thank you for your recent response regarding the complaint from Marc Joseph Yland.We appreciate your cooperation and assistance in this matter. The consumer has been informed of your response, and we have closed this complaint accordingly. Your response will become part of our public record. The fact that we are closing this complaint does not mean that we will not investigate or take future action pursuant to the Consumer Protection Act if the facts and circumstances indicate that further action is warranted.


AndrewW2 5/10/2013

428968

[8d] [8d]

[5a]

[5a]

[5a]

[5a]

[8d][8d]

617 Lee Street

Seattle, WA 98109 USA p.206-381-8888/f.206.381.1988 [email protected] Timothy B. McCormack Attorney at Law

May 10, 2013 Via US Mail & Email Mr. Andrew F. Wu Program Specialist 2 Consumer Protection Division Attorney General of Washington 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 Tel: 206-389-2102 Email: [email protected]

Re: Marc Joseph Yland Your File Number: 428968 Our Case Number: 1220145

Dear Mr. Wu:

We are in receipt of the complaint filed by Marc Joseph Yland that you forwarded to us on April 15, 2013. Our firm acts as outside legal counsel to Getty Images in pursuing copyright infringement claims. We appreciate having the opportunity to respond to this claim. As Getty Images stated in their response to this matter, they are the worldwide leader in the stock photography industry and the exclusive licensor of the imagery at issue. Getty Images is within its rights to pursue claims of copyright infringement on behalf of the photographer of the image. It is our understanding the complaint against Getty Images has been closed on May 8, 2013.

Further to Getty Images’ contact with Dr. Yland, our firm had been in contact with Dr.

Yland in an effort to resolve this matter through settlement discussions. On April 8, 2013, Veronica at Dr. Yland’s office called us to submit the settlement payment by credit card. After a brief negotiation, we agreed to accept a reduced payment of $1,065 to satisfy the claim. The

May 10, 2013 Page 2 amount of $1,065.00 was negotiated with Dr. Marc J. Yland’s office and agreed upon by both parties in good faith.

Copyright infringement, a federal claim, is a strict liability tort. Actual damages

recoverable under copyright law include those damages sustained by the injured party, such as lost licensing fees.

Despite Getty Images’ cease and desist request and our subsequent cease and desist

request, as of today May 10, 2013, Dr. Yland continues to display the image at issue on his website at http://www.yland.com/Espanol/billing.asp without the proper license from Getty Images. This continued use may be viewed as intentional copyright infringement and result in additional claims. To resolve this matter to our client’s satisfaction, the image must be removed from the website. Getty Images continues to reserve all rights and remedies available for this continued use.

McCormack Intellectual Property Law PS and Getty Images maintain that Getty Images’

copyright infringement claim against Marc Joseph Yland is valid.

Should you require any additional information about this matter, please do not hesitate to contact us.

Sincerely,

Timothy B. McCormack Enclosure [email protected]

Title: Businessman signing document, close-up (Digital Enhancement)

Creative image #: 200129126-001

License type: Rights-managed

Photographer: Richard Drury

Collection: Photographer's Choice

Credit: Richard Drury

Max file size/dimensions/dpi: 49.4 MB - 4134 x 4174 px (13.78 x 13.91 in.) - 300 dpi - RGB Download file size may vary.

Release information: This image has a signed model release. This image is available for commercial use.

Keywords: People, Image, Well-dressed, Beginnings, Decisions, Opportunity, Desk, Agreement, Business, Square, Indoors, Office, Human Body Part, Close-up, Digital Enhancement, Human Hand, Pen, Signing, Contract, Part Of, Day, One Person, Young Adult, 20-29 Years, Color Image, Silver, Signature, Young Men, One Young Man Only, One Man Only, Businessman, Photography, Adults Only, Corporate Business. Find similar images

Availability: Availability for this image cannot be guaranteed until time of purchase.

Getty Images reserves the right to pursue unauthorized users of this image or clip. If you violate our intellectual property you may be liable for: actual damages, loss of income, and profits you derive from the use of this image or clip, and, where appropriate, the costs of collection and/or statutory damages up to $150,000 (USD).

Page 1 of 2Businessman Signing Document Close Up High-Res Stock Photography | Getty Images | ...

5/10/2013http://www.gettyimages.com/detail/photo/businessman-signing-document-close-up-high-re...

All contents © copyright 1999-2013 Getty Images, Inc. All rights reserved.

Page 2 of 2Businessman Signing Document Close Up High-Res Stock Photography | Getty Images | ...

5/10/2013http://www.gettyimages.com/detail/photo/businessman-signing-document-close-up-high-re...

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date




429004

4/9/2013

Respondent(s)

Complaint

Seattle - Lemon Law (Motor Veh. Arbitration)




4/18/2013 Email from Respondent Please Activity Log 1276616 and Documents 429004


Assignee Offril, Wency V

$0.00

$0.00

$0.00

Code Practice

019 Inadequate Disclosure

316 Billing Issues

Practice(s)

Closed


429004



Maryssa Stumpf1515 S Melrose Dr #21Vista, CA 92081

1 of 2429004


4/18/2013 Form Letter to Complainant Csup Closing Unadjusted (C-UNJ)



2 of 2429004


April 10, 2013



Dear Maryssa Stumpf:







WENCY V. OFFRILProgram CoordinatorConsumer Protection Division(206) 464-6686Fax: (206) 587-5636

WencilaF 4/10/2013

429004

[email protected]

429004


April 10, 2013


RE: Maryssa StumpfFile #: 429004

Dear Getty Images:

Our office has received the enclosed complaint from Maryssa Stumpf regarding your business.






WencilaF 4/10/2013

429004

From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, April 18, 2013 1:09 PMTo: ATG MI Seattle CRCSubject: RE: 429004 : A notice from the Washington State Attorney General'sOffice

Re: Maryssa Stumpf (Missa by Design) (the “Complainant”) Your File # 429004Our Reference # 1295444






WencilaF 4/18/2013

429004



Regards,


429004


April 18, 2013



Dear Maryssa Stumpf:







http://www.nwjustice.org/about_njp/clear.html. In addition, if you are 60 or over, you may call

WencilaF 4/18/2013

429004

CLEAR SENIOR at 1-888-387-7111 regardless of income.






Enclosure

From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, April 18, 2013 1:09 PMTo: ATG MI Seattle CRCSubject: RE: 429004 : A notice from the Washington State Attorney General'sOffice

Re: Maryssa Stumpf (Missa by Design) (the “Complainant”)




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

429004

Images’ imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections.





Regards,


429004


April 18, 2013


RE: Maryssa StumpfFile #: 429004

Dear Getty Images:

Thank you for your recent communication in response to the complaint from Maryssa Stumpf. Maryssa Stumpf has been informed of your response and that we have closed this complaint with regard to our informal mediation service. We have notified the complainant of the availability of private legal remedies in the event the complainant wishes to pursue this matter further.Although this was not resolved to the parties’ mutual satisfaction, we appreciate your response. This complaint will remain in our public records.Please be advised even though we are closing this complaint, we may open a formal investigation or take future action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.


WencilaF 4/18/2013

429004

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date




McCormack Intellectual Property Law617 Lee StSeattle, WA 98109


429370

4/16/2013

Respondent(s)

Complaint

Bellingham - Consumer Protection Division


Assignee Holbrook, Ruth E

$0.00

$1,628.00

$0.00

Code Practice

316 Billing Issues

Practice(s)

Closed


429370



Scott Thomas Germino14100 SE 36th St #120Bellevue, WA 98006

(425) 577-6280 (425) 401-6424 [email protected]

1 of 2429370


4/16/2013 Reviewed C has questions:

Does Getty Images or this law firm have any standing here? I see this as extortion. Am I correct? Thank you!

Offer to send to the business but say we can't answer his questions as that would require a legal opinion.

4/18/2013 Email to Complainant Csup Legal Opinion Request To:[email protected]

4/18/2013 Resolution-CLOSEDINQUIRY/INFORMATION

4/18/2013 Email from Counsel

4/18/2013 Email from Complainant

4/22/2013 Reopened




5/3/2013 Email from Respondent


5/3/2013 Email to Respondent Rsup Closing Neutral (R-NEU) To:[email protected]



5/3/2013 Email to Complainant (through Outlook)


2 of 2429370

Description

Approximately 10 years ago I had a small web designer create a real estate website for me. She used a photo of a home on the front page which was at the time public domain. Approximately a year ago, Getty Images sent me a letter that they now owned the rights to the photo and I owed them $1,628 for the use of it. I immediately contacted the web designer and she explained that they had purchased the rights to many of the public domain photos and were then searching the web and charging these fees to the owners and having them pay. At this time we have been contacted by an attorney with McCormack Itellecutal Property Law Business Law PS. They are making a demand of the funds or will proceed with the suit. They area out of Seattle at 617Lee Street, 98109. Timothy B. McCormack is the attorney who is threatening us. This doesn't seem right.They didn't give us an opportunity to cease use. The first notice of their new ownership of the photo rights, we pulled the photo. We paid a third party business to design the site for us and had no knowledge of what photos they were using except that they had the rights at that time to use the photography. Does Getty Images or this law firm have any standing here? I see this as extortion. Am I correct? Thank you!

Expected resolution details: Stop the harassment and demand for payment


Catalyst Report

Csup Legal Opinion Request To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

April 18, 2013


RE: Getty Images and McCormack Intellectual Property LawFile #: 429370

Dear Scott Thomas Germino:

Our office has received your correspondence.

In your correspondence you write:

"Does Getty Images or this law firm have any standing here - I see this as extortion. Am I correct - Thank you!"

The Washington State Attorney General’s Office is prohibited by law from providing legal opinions or advice to private citizens. As a consequence, I am not in a position to provide answers to your questions. Citizens who are in need of these services should seek the advice of a private attorney.

What I can offer is to forward your complaint to Getty Images for their response. This office may provide a voluntary dispute resolution service between businesses and consumers.However, we are a neutral party in individual disputes and cannot choose sides, resolve disputed factual issues, or impose a resolution on parties in these matters.

If you would like a copy of your complaint forwarded to Getty Images, let me know and I will do so.

Thank you for contacting our office. Your complaint will remain in our public records.

RUTH E. HOLBROOKProgram Specialist 3Consumer Protection Division

RuthH 4/18/2013

429370

429370

From: Pillar Northwest [mailto:[email protected]] Sent: Thursday, April 18, 2013 11:55 AMTo: ATG MI Bellingham CRCSubject: Re: 429370 : A notice from the Washington State Attorney General's Office

Please forward. Thank you for your help!!

Best regards,

Scott Germino

Sent from my iPhone

AdaS 4/18/2013

429370

R 1st Letter to Respondent To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

April 22, 2013


RE: Scott Thomas GerminoFile #: 429370

Dear Getty Images:

Our office has received the enclosed complaint from Scott Thomas Germino regarding your business.





RUTH E. HOLBROOKProgram Specialist 3Consumer Protection Division(360) 738-6188Fax: (360) [email protected]

RuthH 4/22/2013

429370


Name:Scott Thomas Germino

Address:14100 SE 36th St #120Bellevue, WA 98006

Day Phone:(425) 577-6280

Evening Phone: (425) 401-6424




Yes


Name of business that I am complaining about:Getty Images

Address:605 5th Ave S Ste 400Seattle, WA 98104

Phone:(206) 925-6753

Toll-Free:

Fax:(206) 925-5623

429370

E-mail:[email protected]

Name of owner or manager (if known):Timothy McCormack

Names and addresses of any other businesses involved in your complaint:McCormack Intellectual Property Law617 Lee StSeattle, WA 98109

Item or service purchased:NONE

Cost of item or service:


Date of transaction:

Salesperson's name:




Have you complained to the business -Yes




No


If YES, identify the name and address of the attorney:429370



Explain your complaint in detail:Approximately 10 years ago I had a small web designer create a real estate website for me. She used a photo of a home on the front page which was at the time public domain. Approximately a year ago, Getty Images sent me a letter that they now owned the rights to the photo and I owed them $1,628 for the use of it. I immediately contacted the web designer and she explained that they had purchased the rights to many of the public domain photos and were then searching the web and charging these fees to the owners and having them pay. At this time we have been contacted by an attorney with McCormack Itellecutal Property Law Business Law PS. They are making a demand of the funds or will proceed with the suit. They area out of Seattle at 617 Lee Street, 98109. Timothy B. McCormack is the attorney who is threatening us. This doesn't seem right. They didn't give us an opportunity to cease use. The first notice of their new ownership of the photo rights, we pulled the photo. We paid a third party business to design the site for us and had no knowledge of what photos they were using except that they had the rights at that time to use the photography. Does Getty Images or this law firm have any standing here - I see this as extortion. Am I correct - Thank you!Expected resolution details: Stop the harassment and demand for payment What do you think the business should do to resolve your complaint - (circle one)OtherExplain if you have circled 'Other':




Signature Scott Germino Date 04/16/2013Received via the InternetCity and State where signed Bellevue, WA

429370

C 1st Letter to Complainant To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

April 22, 2013










RUTH E. HOLBROOKProgram Specialist 3Consumer Protection Division

RuthH 4/22/2013

429370


429370

From: Scott Germino [mailto:[email protected]] Sent: Monday, April 22, 2013 9:55 AMTo: ATG MI Bellingham CRCSubject: RE: 429370 : A notice from the Washington State Attorney General'sOffice

Thank you for the follow up. I don’t want other, unsuspecting folks to get caught up in this situation.

Have a great day,

Scott GerminoDesignated Broker/OwnerPillar Northwest Real EstateGreater Seattle Area425-577-6281

AdaS 4/22/2013

429370

From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, May 02, 2013 5:52 PMTo: ATG MI Bellingham CRCSubject: RE: 429370 : A notice from the Washington State Attorney General'sOffice

Re: Germino, Scott Thomas (The Scott Germino Team/The Scott Germino REO Team- Pillar Northwest Real Estate) (the “Complainant”)Your File # 429370Our Reference # 1278822/ 1264341






AdaS 5/3/2013

429370

The Complainant characterizes our attempts to settle our copyright infringement claims as “extortion.” However, our communications with them do not in any way constitute “wrongful treats” within the meaning of extortion statutes. On the contrary, demand for payment is satisfaction of a legal claim is not wrongful conduct.



Regards,





429370

Csup Closing Unadjusted (C-UNJ) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

May 3, 2013




Our office has received a response from Getty Images regarding your complaint. A copy is attached.


We do not have the legal authority to act as an attorney for private individuals, nor may we act as a judge or arbitrator in individual disputes. If you would like to pursue the matter, you may wish to contact a private attorney.




RuthH 5/3/2013

429370






Enclosure

From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, May 02, 2013 5:52 PMTo: ATG MI Bellingham CRCSubject: RE: 429370 : A notice from the Washington State Attorney General'sOffice

Re: Germino, Scott Thomas (The Scott Germino Team/The Scott Germino REO Team- Pillar Northwest Real Estate) (the “Complainant”)Your File # 429370Our Reference # 1278822/ 1264341



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

429370

having used unlicensed imagery from our collections.



The Complainant characterizes our attempts to settle our copyright infringement claims as “extortion.” However, our communications with them do not in any way constitute “wrongful treats” within the meaning of extortion statutes. On the contrary, demand for payment is satisfaction of a legal claim is not wrongful conduct.



Regards,




429370

429370

Rsup Closing Neutral (R-NEU) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

May 3, 2013


RE: Scott Thomas GerminoFile #: 429370

Dear Getty Images:

Thank you for your recent response regarding the complaint from Scott Thomas Germino.We appreciate your cooperation and assistance in this matter. The consumer has been informed of your response, and we have closed this complaint accordingly. Your response will become part of our public record.


RuthH 5/3/2013

429370

From: Scott Germino [mailto:[email protected]] Sent: Friday, May 03, 2013 2:22 PMTo: ATG MI Bellingham CRCSubject: RE: 429370 : A notice from the Washington State Attorney General'sOffice

Thank you for your attempt. My concern is that they are purchasing rights after the fact. Then strong arming unknowing public who were unaware that they had acquired rights to the picture without giving any notice. I have heard this from other consumers as well. Isn’t that when the AG’s office steps in - When consumers are being harmed -

In this case, we had our website designed by a small designer and 10 years later they send us a notice that we owe them $1700. There has to be an opportunity for us to remove the photo from our website after they purchased it - This is a great scam otherwise. Isn’t this the type of situation that the AG looks at -

Thank you again,


AdaS 5/3/2013

429370

From: ATG MI Bellingham CRC Sent: Friday, May 03, 2013 3:32 PMTo: 'Scott Germino'Subject: RE: 429370 : A notice from the Washington State Attorney General'sOffice

Hello. What we look at is everything that comes in. What we open an investigation on and pursue legal action on is a matter of budget, staffing, existing priorities, and the overall priorities of the Attorney General. I can’t say whether we will pursue legal action at this time or in the future. I can say that consumer complaints provide valuable information which is used to help us prioritize the resources we have for undertaking litigation.

Sincerely,

Ruth Holbrook Consumer Protection Division Washington State Attorney General's Office (360) 738-6188Please save paper by printing only when necessary

RuthH 5/3/2013

429370

From: Scott Germino [mailto:[email protected]] Sent: Friday, May 03, 2013 3:33 PMTo: ATG MI Bellingham CRCSubject: RE: 429370 : A notice from the Washington State AttorneyGeneral'sOffice

Got it. Thank you again for your time!

Best regards,


AdaS 5/3/2013

429370

[8d] [8d]

[5a]

[5a]

[8d][8d]

[5a]

[5a]

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date




Design Pics / AlaskaStock.com2505 Fairbanks StreetAnchorage, AK 99503

(907) 276-1343 (800) 487-4285 [email protected]

429427

4/17/2013

Respondent(s)

Complaint

Seattle - Consumer Protection Division


Assignee Hatcher, Sandra M

$0.00

$844.35

$0.00

Code Practice

019 Inadequate Disclosure

316 Billing Issues

Practice(s)

Closed


429427



Charles Joseph Boedeker2422 Lilyfield DrTrophy Club, TX 76262

(817) 490-0501 (817) 800-1640 [email protected]

1 of 2429427


4/17/2013 Intake Notes c listed this as other respondents involved:"Alaska Stock Images, Edmonton, Alberta Canada" but that R is not currently assigned as a respondent.

C also lists this information per intake data/respondent info tab: "Case # 1331147 Access Code PSQmqmYO", which might be on the attachments - they just haven't uploaded yet for me to check.






4/19/2013 Email to Complainant C Response from one Respondent To:[email protected]







2 of 2429427

Description

Getty Images alleges that I downloaded and used an image for which they claim to hold the rights. They are demanding $844.35 as a payment. Even thought I deleted the image when notified by them, they still demand the money. They offer no evidence that this is their image - it is not copyrighted or watermarked. They still claim to own the rights. In fact, I obtained the image from one of my suppliers as a part of marketing their products.1) I did not download this picture from any web site, free or fee. It was provided to me via my supplier, ATN Corporation.2) I immediately deleted the image as soon as I received notification from Gety Images3) Getty Images claims to represent the photographer, John Warden. His photos are displayed on the web site "Alaska Stock Photos" http://www.alaskastock.com/ . They claim that the photo is under Record Locator #926824-001.4) Please refer to my attachments - according to Alaska Stock Photos, there is no such record. 5) Please refer to my attachments - there are no pictures on this web site which resemble, even slightly, the picture which I am alledged to have misapproprieted. All 'Rights Managed' (RM) John Warden pictures which are handled by Alaska Stock Images are located on this web site.

Expected resolution details: Request that they rescind their demand letter


Catalyst Report


April 18, 2013


RE: Getty Images and AlaskaStock.comFile #: 429427

Dear Charles Joseph Boedeker:

The complaint you submitted to our office has been assigned to me. I have provided a copy of your complaint to Getty Images and AlaskaStock.com and requested a response within 21business days. I will notify you when a response is received regarding your complaint.






SANDRA M. HATCHERProgram Specialist 3Consumer Protection Division

SandraH 4/18/2013

429427


429427


April 18, 2013


RE: Charles Joseph BoedekerFile #: 429427

Dear Getty Images:

Our office has received the enclosed complaint from Charles Joseph Boedeker regarding your business.





SANDRA M. HATCHERProgram Specialist 3Consumer Protection Division(206) 389-2743Fax: (206) [email protected]

SandraH 4/18/2013

429427


Name:Charles Joseph Boedeker

Address:2422 Lilyfield DrTrophy Club, TX 76262

Day Phone:(817) 490-0501



Age Group (optional):59+


Yes




Phone:(206) 925-6753

Toll-Free:

Fax:(206) 925-5623

429427


Name of owner or manager (if known):unknown

Names and addresses of any other businesses involved in your complaint:AlaskaStock.com2505 Fairbanks StreetAnchorage, AK 99503

Item or service purchased:none

Cost of item or service:n/a


Date of transaction:n/a

Salesperson's name:


Date and source of advertisement:n/a






No

If yes, list the file number assigned to that complaint: Have you contacted a private attorney -

429427

No



If YES, please explain: A demand letter threatening legal action has been issued.

Explain your complaint in detail:Getty Images alleges that I downloaded and used an image for which they claim to hold the rights. They are demanding $844.35 as a payment. Even thought I deleted the image when notified by them, they still demand the money. They offer no evidence that this is their image - it is not copyrighted or watermarked. They still claim to own the rights. In fact, I obtained the image from one of my suppliers as a part of marketing their products. 1) I did not download this picture from any web site, free or fee. It was provided to me via my supplier, ATN Corporation.2) I immediately deleted the image as soon as I received notification from Gety Images3) Getty Images claims to represent the photographer, John Warden. His photos are displayed on the web site "Alaska Stock Photos" http://www.alaskastock.com/ . They claim that the photo is under Record Locator #926824-001.4) Please refer to my attachments - according to Alaska Stock Photos, there is no such record. 5) Please refer to my attachments - there are no pictures on this web site which resemble, even slightly, the picture which I am alledged to have misapproprieted. All 'Rights Managed' (RM) John Warden pictures which are handled by Alaska Stock Images are located on this web site. Expected resolution details: Request that they rescind their demand letter What do you think the business should do to resolve your complaint - (circle one)OtherExplain if you have circled 'Other':




429427

Signature Charles Boedeker Date April 16, 2013Received via the InternetCity and State where signed Trophy Club, Texas

429427


April 18, 2013

AlaskaStock.com2505 Fairbanks StreetAnchorage, AK 99503


Dear AlaskaStock.com:

Our office has received the enclosed complaint from Charles Joseph Boedeker regarding your business.






SandraH 4/18/2013

429427


Name:Charles Joseph Boedeker

Address:2422 Lilyfield DrTrophy Club, TX 76262

Day Phone:(817) 490-0501





Yes




Phone:(206) 925-6753

Toll-Free:

Fax:(206) 925-5623

429427


Name of owner or manager (if known):unknown

Names and addresses of any other businesses involved in your complaint:AlaskaStock.com2505 Fairbanks StreetAnchorage, AK 99503

Item or service purchased:none

Cost of item or service:n/a


Date of transaction:n/a

Salesperson's name:


Date and source of advertisement:n/a






No

If yes, list the file number assigned to that complaint: Have you contacted a private attorney -

429427

No



If YES, please explain: A demand letter threatening legal action has been issued.

Explain your complaint in detail:Getty Images alleges that I downloaded and used an image for which they claim to hold the rights. They are demanding $844.35 as a payment. Even thought I deleted the image when notified by them, they still demand the money. They offer no evidence that this is their image - it is not copyrighted or watermarked. They still claim to own the rights. In fact, I obtained the image from one of my suppliers as a part of marketing their products. 1) I did not download this picture from any web site, free or fee. It was provided to me via my supplier, ATN Corporation.2) I immediately deleted the image as soon as I received notification from Gety Images3) Getty Images claims to represent the photographer, John Warden. His photos are displayed on the web site "Alaska Stock Photos" http://www.alaskastock.com/ . They claim that the photo is under Record Locator #926824-001.4) Please refer to my attachments - according to Alaska Stock Photos, there is no such record. 5) Please refer to my attachments - there are no pictures on this web site which resemble, even slightly, the picture which I am alledged to have misapproprieted. All 'Rights Managed' (RM) John Warden pictures which are handled by Alaska Stock Images are located on this web site. Expected resolution details: Request that they rescind their demand letter What do you think the business should do to resolve your complaint - (circle one)OtherExplain if you have circled 'Other':




429427

Signature Charles Boedeker Date April 16, 2013Received via the InternetCity and State where signed Trophy Club, Texas

429427

Out of office reply from AlaskaStock.com

-----Original Message-----From: [email protected] [mailto:[email protected]] Sent: Thursday, April 18, 2013 12:19 PMTo: ATG MI Seattle CRCSubject: Out of the Office

I will be out of the office starting Friday April 12th, returning on Monday April 22nd.If you require immediate assistance, please contact one of the appropriate persons listed below.

For Account/ Commission related issues:General Manager Kristi Bennell, [email protected], 1-877-337-5433

For FTP & Management Site related issues:Photo and Production Manager Leah Bignell, [email protected], 1-877-337-5433

For Submission related questions:Project Specialist Gina Bringman, [email protected], 208-578-4922 direct line, 907-331-3611 main linePhoto and Production Manager Leah Bignell (contact info above)

For Sales Department:VP of Sales & Marketing, Laurie McCampbell, [email protected], 907-268-2092

All the best,

Ann Matchett Contributor & Content ManagerAlaska Stock Imagesa division of Design Pics, Inc.Direct Line: 907-268-2091 I Fax: 907-268-2091Outside Alaska: 1-800-487-4285Email: [email protected] I Skype: ann.alaskastock

SandraH 4/18/2013

429427

Response from AlaskaStock.com

From: Gary Elsner [mailto:[email protected]] Sent: Friday, April 19, 2013 7:53 AMTo: ATG MI Seattle CRCCc: 'Rick Carlson'; [email protected]; 'Jeff Schultz (Alaska Stock)'; [email protected]: RE: 429427 : A notice from the Washington State Attorney General's Office

Dear Mr. Ferguson,

Alaska Stock is a division of Design Pics and I am replying to your email sent to Alaska Stock on their behalf.

Please be advised of the following:

1. Alaska Stock previously had no business relationship with Getty Images and Alaska Stock has not provided images to Getty Images.2. Alaska Stock is in the business of licensing images for commercial uses and does so by representing photographers that contract with us for this purpose.3. While Alaska Stock does represent images from a photographer named John Warden, the particular image that is the subject of this dispute is not among our inventory of John Warden images.

Accordingly, we are in no way a part to this dispute. Having done some research, we surmise that the complaining party obtained our name as a result of a Google search that returned results both in the photographer’s name as well as Alaska Stock’s name.

Having said that, we have no information relevant to the facts of this matter as to whether or not a legitimate license was obtained on behalf of Mr. Charles Joseph Boedeker and or his business either directly or through a third party.

If in fact no license was obtained by Mr. Boedker’s supplier before transferring the image to Mr. Boedeker, the supplier and Mr. Boedeker may in fact be guilty of infringing on the copyright of the photographer and Getty Images. I humbly suggest that your initial efforts should focus on clarifying that issue. If in fact no license was obtained on behalf of Mr. Boedeker and/or his company’s supplier, the mere fact that upon notice, he removed the image, doesn’t negate the fact that an infringement occurred and that damages are due for the infringement. All of that said, this is a matter between yourselves, Mr. Boedeker, and Getty Images, but does not in any way involve Design Pics or its acquired division of Alaska Stock.

Sincerely yours,

Gary ElsnerVP, OperationsDesign Pics Inc.

SandraH 4/19/2013

429427

201 482-4705201 790-3228 (cell)[email protected]

429427

C Response from one Respondent To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

April 19, 2013


RE: Getty Images and AlaskaStock.comFile #: 429427


Our office has received a response from AlaskaStock.com regarding your complaint. Attached is a copy for your records.

When we receive a response from Getty Images we will contact you again.



EnclosureApril 19, 2013RE: 429427 : A notice from the Washington State Attorney General's Office

Dear Mr. Ferguson,

Alaska Stock is a division of Design Pics and I am replying to your email sent to Alaska Stock on their behalf.

Please be advised of the following:

SandraH 4/19/2013

429427

1. Alaska Stock previously had no business relationship with Getty Images and Alaska Stock has not provided images to Getty Images.2. Alaska Stock is in the business of licensing images for commercial uses and does so by representing photographers that contract with us for this purpose.3. While Alaska Stock does represent images from a photographer named John Warden, the particular image that is the subject of this dispute is not among our inventory of John Warden images.

Accordingly, we are in no way a part to this dispute. Having done some research, we surmise that the complaining party obtained our name as a result of a Google search that returned results both in the photographer’s name as well as Alaska Stock’s name.

Having said that, we have no information relevant to the facts of this matter as to whether or not a legitimate license was obtained on behalf of Mr. Charles Joseph Boedeker and or his business either directly or through a third party.

If in fact no license was obtained by Mr. Boedker’s supplier before transferring the image to Mr. Boedeker, the supplier and Mr. Boedeker may in fact be guilty of infringing on the copyright of the photographer and Getty Images. I humbly suggest that your initial efforts should focus on clarifying that issue. If in fact no license was obtained on behalf of Mr. Boedeker and/or his company’s supplier, the mere fact that upon notice, he removed the image, doesn’t negate the fact that an infringement occurred and that damages are due for the infringement. All of that said, this is a matter between yourselves, Mr. Boedeker, and Getty Images, but does not in any way involve Design Pics or its acquired division of Alaska Stock.

Sincerely yours,

Gary ElsnerVP, OperationsDesign Pics Inc.201 482-4705

429427

Rsup Closing Neutral (R-NEU) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

April 19, 2013

Design Pics / AlaskaStock.com2505 Fairbanks StreetAnchorage, AK 99503


Dear Mr. Elsner: Thank you for your recent response regarding the complaint from Charles Joseph Boedeker.We appreciate your cooperation and assistance in this matter. The consumer has been informed of your response, and we have closed this complaint accordingly. Your response will become part of our public record. The fact that we are closing this complaint does not mean that we will not investigate or take future action pursuant to the Consumer Protection Act if the facts and circumstances indicate that further action is warranted.


SandraH 4/19/2013

429427

Thank you from Design Pics

From: Gary Elsner [mailto:[email protected]] Sent: Friday, April 19, 2013 10:20 AMTo: ATG MI Seattle CRCSubject: RE: 429427 : A notice from the Washington State Attorney General's Office

Thank you Bob. Have a good weekend.

Gary ElsnerVP, OperationsDesign Pics Inc.201 482-4705201 790-3228 (cell)[email protected]

SandraH 4/22/2013

429427

Response from Getty Images


Re: Charles Joseph Boedeker (The Night Vision Store) (the “Complainant”)Your File # 429427Our Reference # 1331147






SandraH 5/3/2013

429427



Regards,





429427


May 3, 2013






We do not have the legal authority to act as an attorney for private individuals, nor may we act as a judge or arbitrator in individual disputes. If you would like to pursue the matter, you may wish to contact a private attorney.



EnclosureMay 02, 2013

Re: Charles Joseph Boedeker (The Night Vision Store) (the “Complainant”)Your File # 429427

SandraH 5/3/2013

429427

Our Reference # 1331147








429427

Regards,


Getty Images - Copyright Compliance605 Fifth Avenue South, Suite 400Seattle, WA 98104T: (206) 925-5000F: (206) 925-5001

429427


May 3, 2013



Dear Getty Images: Thank you for your recent communication in response to the complaint from Charles Joseph Boedeker. Charles Joseph Boedeker has been informed of your response and that we have closed this complaint with regard to our informal mediation service. We have notified the complainant of the availability of private legal remedies in the event the complainant wishes to pursue this matter further.Although this was not resolved to the parties’ mutual satisfaction, we appreciate your response. This complaint will remain in our public records.Please be advised even though we are closing this complaint, we may open a formal investigation or take future action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.


SandraH 5/3/2013

429427

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[8d] [8d]

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date




Evisionlink.com/New Vision International,

429592

4/19/2013

Respondent(s)

Complaint







$0.00

$965.00

$0.00

Code Practice

316 Billing Issues

Practice(s)

Closed


429592



John W Beebe for Chef To Goc/o Prout Levangie2021 N StSacramento, CA 95811

(916) 443-4849

1 of 2429592



5/9/2013 Form Letter to Complainant C Response from one Respondent


5/24/2013 Resolution-PART ADJUSTED

2 of 2429592


April 23, 2013


RE: Getty Images and Evisionlink.com/New Vision InternationalFile #: 429592

Dear John W Beebe for Chef To Go:

The complaint you submitted to our office has been assigned to me. I have provided a copy of your complaint to Getty Images and Evisionlink.com/New Vision International and requested a response within 21 business days. I will notify you when a response is received regarding your complaint.






WENCY V. OFFRILProgram CoordinatorConsumer Protection Division

WencilaF 4/23/2013

429592


429592


April 23, 2013


RE: John W Beebe for Chef To GoFile #: 429592

Dear Getty Images:

Our office has received the enclosed complaint from John W Beebe for Chef To Go regarding your business.






WencilaF 4/23/2013

429592

429592


Re: John W Beebe (Chef To Go) (the “Complainant”)Your File # 429592Our Reference # 1325810






The Complainant characterizes our attempts to settle our copyright infringement claims as

WencilaF 5/9/2013

429592

“extortion.” However, our communications with them do not in any way constitute “wrongful threats” within the meaning of extortion statutes. On the contrary, demand for payment in satisfaction of a legal claim is not wrongful conduct.



Regards,




429592


May 9, 2013


RE: Getty Images and Evisionlink.com/New Vision InternationalFile #: 429592

Dear John W Beebe for Chef To Go:

Our office has received a response from Getty Images regarding your complaint. Attached is a copy for your records.

When we receive a response from Evisionlink.com/New Vision International we will contact you again.



Enclosure


Re: John W Beebe (Chef To Go) (the “Complainant”)Your File # 429592Our Reference # 1325810

WencilaF 5/9/2013

429592








429592


Regards,




429592

Rsup Closing Neutral (R-NEU) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

May 9, 2013


RE: John W Beebe for Chef To GoFile #: 429592

Dear Getty Images:

Thank you for your recent response regarding the complaint from John W Beebe for Chef To Go.We appreciate your cooperation and assistance in this matter. The consumer has been informed of your response, and we have closed this complaint accordingly. Your response will become part of our public record. The fact that we are closing this complaint does not mean that we will not investigate or take future action pursuant to the Consumer Protection Act if the facts and circumstances indicate that further action is warranted.


WencilaF 5/9/2013

429592

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date




427941

3/20/2013

Respondent(s)

Complaint








$0.00

$1,886.19

$0.00

Code Practice

100 Misrepresentation of Terms

404 Collection Practices

Practice(s)

Closed


427941



Andy Gritti16100 N Greenway Hayden Lp #400Scottsdale, AZ 85260


1 of 2427941






3/28/2013 Email to Complainant Csup Limits of AGO (C-LIMITS) To:[email protected]

2 of 2427941

Description

I am filing this complaint of harassment against Getty Images for their continued harassment. Their recent letters claim lawsuits unless money is paid ($1886.19) for what they claims is unauthorized use of copyrighted images. Unfortunately when asked for proof of these copyrights they claim they don't have them and can't produce them but that we owe them money anyway.The image in question was on a test site in Canada that was never used and we can prove it via Google analytic s. Furthermore, the entire site which was forgotten and not used was removed. So the image they claim as their own was not viewed by the public before it was taken down and now the ENTIRE site is non-existent (www.closys.ca).

Expected resolution details: Drop the harassment threat of a law suit and send a letter stating so.


Catalyst Report


March 20, 2013



Dear Andy Gritti:








WencilaF 3/20/2013

427941


427941


March 20, 2013


RE: Andy GrittiFile #: 427941

Dear Getty Images:

Our office has received the enclosed complaint from Andy Gritti regarding your business.






WencilaF 3/20/2013

427941


Name:Andy Gritti

Address:16100 N Greenway Hayden Lp #400Scottsdale, AZ 85260

Day Phone:(480) 948-6997

Evening Phone:




Yes




Phone:(206) 925-6753

Toll-Free:

Fax:(206) 925-5623


427941

Name of owner or manager (if known):Janea Davis

Names and addresses of any other businesses involved in your complaint:

Item or service purchased:




Salesperson's name:








No

If yes, list the file number assigned to that complaint: Have you contacted a private attorney -Yes



If YES, please explain: We are contacting for advisement

427941

Explain your complaint in detail:I am filing this complaint of harassment against Getty Images for their continued harassment. Their recent letters claim lawsuits unless money is paid ($1886.19) for what they claims is unauthorized use of copyrighted images. Unfortunately when asked for proof of these copyrights they claim they don't have them and can't produce them but that we owe them money anyway.The image in question was on a test site in Canada that was never used and we can prove it via Google analytic s. Furthermore, the entire site which was forgotten and not used was removed. So the image they claim as their own was not viewed by the public before it was taken down and now the ENTIRE site is non-existent (www.closys.ca). Expected resolution details: Drop the harassment threat of a law suit and send a letter stating so. What do you think the business should do to resolve your complaint - (circle one)OtherExplain if you have circled 'Other':




Signature Andy Gritti Date 03/19/2013Received via the InternetCity and State where signed Scottsdale, Arizona

427941

From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, March 21, 2013 3:29 PMTo: ATG MI Seattle CRCSubject: RE: 427941 : A notice from the Washington State Attorney General'sOffice

Re: Andi Gritti (Rowpar Pharmaceuticals) (the “Complainant”)Your File # 427941Our Reference # 1273462






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

WencilaF 3/27/2013

427941

information provided on our web site at: http://company.gettyimages.com/license-compliance/. As noted above, 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.


Regards,





427941


March 27, 2013



Dear Andy Gritti:







WencilaF 3/27/2013

427941







EnclosureFrom: Copyright Compliance [mailto:[email protected]] Sent: Thursday, March 21, 2013 3:29 PMTo: ATG MI Seattle CRCSubject: RE: 427941 : A notice from the Washington State Attorney General'sOffice

Re: Andi Gritti (Rowpar Pharmaceuticals) (the “Complainant”)Your File # 427941Our Reference # 1273462



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

427941

Images’ imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections.



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/.As noted above, 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.


Regards,


427941


March 27, 2013


RE: Andy GrittiFile #: 427941

Dear Getty Images:

Thank you for your recent communication in response to the complaint from Andy Gritti. Andy Gritti has been informed of your response and that we have closed this complaint with regard to our informal mediation service. We have notified the complainant of the availability of private legal remedies in the event the complainant wishes to pursue this matter further.Although this was not resolved to the parties’ mutual satisfaction, we appreciate your response. This complaint will remain in our public records.Please be advised even though we are closing this complaint, we may open a formal investigation or take future action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.


WencilaF 3/27/2013

427941

From: Andy Gritti [mailto:[email protected]] Sent: Wednesday, March 27, 2013 1:51 PMTo: ATG MI Seattle CRCSubject: RE: 427941 : A notice from the Washington State Attorney General's Office

This is pathetic. So let me get this right. I can send them a letter telling them that they harassed me and I’m seeking a fee for my inconvenience but I don’t have to show any proof. All I have to do is send a letter and claim I have the right and have been bothered by them and I expect payment. That is exactly what Getty Images is going. They don’t have proof of holding any copyright. They just say they have the right. When asked for them to provide such proof they claim they don’t have to. What - You don’t have to resolve my dispute. What you should be doing is making sure that companies in your state act legally. All that is asked is that they provide proof for their claim. Take another look at this company. You’re ignoring a real

WencilaF 3/28/2013

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Csup Limits of AGO (C-LIMITS) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

March 28, 2013



Dear Andy Gritti:

We regret that our office was unable to resolve your consumer complaint. This does not necessarily reflect on the validity of your claim, nor does it preclude you from seeking private legal remedies.

This office may provide a voluntary dispute resolution service only for consumers and businesses who agree to submit to our informal mediation process. This office cannot choose sides, resolve disputed factual issues, or impose a resolution on parties in these matters.

Our office may determine that legal action on behalf of the public interest (not the interest of an individual consumer) is warranted in the future. For purposes of taking legal action on behalf of all Washington state consumers, your complaint will become part of our public record of this firm’s business practices.

The Attorney General’s Office is authorized only to represent certain public officials and agencies and is prohibited by law from representing private citizens on personal legal matters. The Consumer Protection Act does not permit this office to act as your private attorney or impose a resolution when the company refuses to make an adjustment or when there is a dispute of facts. Our office focuses on those cases that have or may have the broadest impact on the citizens and marketplace in Washington. Our office attempts to avoid duplicate actions of other law enforcement offices, government agencies, or private class actions.

We hope this information is useful to you and helps you better understand the function and limitations of our office.

Thank you for contacting our office regarding your complaint.

WencilaF 3/28/2013

427941


427941

Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date




428072

3/22/2013

Respondent(s)

Complaint

Bellingham - Consumer Protection Division






Assignee Marcus, Jeri

$0.00

$850.00

$0.00

Code Practice

009 High Pressure Sales

013 Misrepresentation of product or service

023 Scare Tactics

Practice(s)

Closed


428072



Ted Rothstein35 Remsen StBrooklyn, NY 11201

(718) 852-1551 (718) 596-4633 [email protected]

1 of 2428072


3/28/2013 Email from Complainant See document 428072A attached.

3/28/2013 Other Correspondence document attached is an exact copy of 428072A and therefore not published







2 of 2428072

Description

March 22, 2013To the Attorney General. Mr Bob Ferguson, Washington State:Dear Mr. Ferguson:Gettyimages (605 5th ave. S, Ste. 400, Seattle WA 98104: www.gettyimages.com) sent me a 7-page demand-letter for $1065 March 17, 2013 (notification #1314999) for infringing a copyright image they claim to own. This type of infrinegment is currently referred to as an "innocent infringement" by posting in image embedded in an religious educational article I posted on my website on a subject of religion totally unrelated to my work as orthodontist and solely for the purpose of supporting a video I had made documenting a ritual that religious Jews carry out on a daily basis. I used a document published by a religous institution that included in it the words reprint permission ##### and that contained the image in question.(That document is available on request).It cotained an image of a burning Jewish oil lamp which had no indiction of a "copyright by Gettyimages".That same evening I removed the image and notified the source of sender of the "Demand letter" that I had removed the document and the image . Two days later they emailed a " Settlement" offer indicating they would accept $850 without any explanation of how they arrived at that amount. I believe this kind of action is currently called "Speculation billing" In this letter they threatened to commence a legal action in court if I did not agree to sum demanded by March 26. Today I contacted the AG Washington State and requested allcomplaints received by the AG which I was told were voluminous, and was further advised and encouraged to register a complaint not only with the AG Washington State, but with AG of NY State which I intend to do without a moment's delay. Yours truly, Dr. Ted Rothstein Ps. I am sending under separate cover the document that includes the image referred to in the Getty demand letter since I do not have access it at the computer I am using. I will send it and incluse the refernce number that I receive upon sending this formal complaint.

Expected resolution details: I am requesting that they accept my apology for my innocent infringement and forgo any demand for a settlement under threat of litagation.


Catalyst Report


March 26, 2013


RE: Ted RothsteinFile #: 428072

Dear Getty Images:

Our office has received the enclosed complaint from Ted Rothstein regarding your business.





JERI MARCUSComplaint AnalystConsumer Protection Division(360) 738-6187Fax: (360) [email protected]

JeriM 3/26/2013

428072


Name:Ted Rothstein

Address:35 Remsen StBrooklyn, NY 11201

Day Phone:(718) 852-1551





Yes




Phone:(206) 925-6753

Toll-Free:

Fax:(206) 925-5623

E-mail:428072

[email protected]

Name of owner or manager (if known):Dr. Ted Rothstein






Salesperson's name:








No




If YES, please explain: 428072

Explain your complaint in detail:March 22, 2013To the Attorney General. Mr Bob Ferguson, Washington State:Dear Mr. Ferguson:Gettyimages (605 5th ave. S, Ste. 400, Seattle WA 98104: www.gettyimages.com) sent me a 7-page demand-letter for $1065 March 17, 2013 (notification #1314999) for infringing a copyright image they claim to own. This type of infrinegment is currently referred to as an "innocent infringement" by posting in image embedded in an religious educational article I posted on my website on a subject of religion totally unrelated to my work as orthodontist and solely for the purpose of supporting a video I had made documenting a ritual that religious Jews carry out on a daily basis. I used a document published by a religous institution that included in it the words reprint permission ##### and that contained the image in question.(That document is available on request).It cotained an image of a burning Jewish oil lamp which had no indiction of a "copyright by Gettyimages".That same evening I removed the image and notified the source of sender of the "Demand letter" that I had removed the document and the image . Two days later they emailed a " Settlement" offer indicating they would accept $850 without any explanation of how they arrived at that amount. I believe this kind of action is currently called "Speculation billing" In this letter they threatened to commence a legal action in court if I did not agree to sum demanded by March 26. Today I contacted the AG Washington State and requested all complaints received by the AG which I was told were voluminous, and was further advised and encouraged to register a complaint not only with the AG Washington State, but with AG of NY State which I intend to do without a moment's delay. Yours truly, Dr. Ted Rothstein Ps. I am sending under separate cover the document that includes the image referred to in the Getty demand letter since I do not have access it at the computer I am using. I will send it and incluse the refernce number that I receive upon sending this formal complaint.Expected resolution details: I am requesting that they accept my apology for my innocent infringement and forgo any demand for a settlement under threat of litagation. What do you think the business should do to resolve your complaint - (circle one)OtherExplain if you have circled 'Other':



I understand that the Washington State Attorney General's Office will contact the party(ies) against which I have filed a complaint in an effort to reach an amicable resolution. I authorize

428072

the party(ies) against which I have filed a complaint to communicate with and provide information related to my complaint to the Washington State Attorney General's Office.

Signature Dr. Ted Rothstein Date March 22, 2013Received via the InternetCity and State where signed Brooklyn, NY

428072

C 1st Letter to Complainant To: [email protected] FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

March 26, 2013



Dear Ted Rothstein:







JERI MARCUSComplaint AnalystConsumer Protection Division

JeriM 3/26/2013

428072


428072

From: [email protected] [mailto:[email protected]]Sent: Tuesday, March 26, 2013 3:50 PMTo: ATG MI Bellingham CRCSubject: Re: 428072 : A notice from the Washington State Attorney General's Office

Dear Jeri Marcus:

Thank you for acknowledging my letter of complaint to ATG Ferguson re Gettyimages demand letter for $1065. I look forward to hearing from you at the end of the specified time mentioned below. I have sent bothSusan Green and Liz Williamson the document which contains the image that Gettymages is demanding $1065 for.

Cordially, Dr. ...Ted Rothstein DDS PhDSpecialist in Cosmetic Orthodonticsand Dentofacial Orthopedics: Adults & ChildrenPreferred Provider of Invisalign: Adults & TeensSpecialist in Orthodontic Jaw WiringAmerican Association of Orthodontists--Life-active35 Remsen St., Bklyn, NY 112017188521551 www.drted.com [email protected]

AdaS 3/26/2013

428072

From: ATG MI CPR Contact AGO Sent: Tuesday, March 26, 2013 3:59 PMTo: ATG MI Seattle CRCCc: Greene, Susan (ATG)Subject: Complaint No. 428072 - FW: Document containing Image subject of Gettyimage demand letter for $1065

RE: Complaint No. 428072

Forwarding to the CRC for Complaint Processing.

From: Greene, Susan (ATG) Sent: Tuesday, March 26, 2013 1:13 PMTo: ATG MI CPR Contact AGOSubject: FW: Document containing Image subject of Gettyimage demand letter for $1065

Liz,

Dr. Rothstein sent the doc to me that he would like to be added to his complaint he sent to CP 3/22 re Getty Images.

Thanks for your help J

Thank you,Susan GreeneSenior Public Records OfficerPublic Records & Constituent Services(360)[email protected]

From: [email protected] [mailto:[email protected]]Sent: Tuesday, March 26, 2013 12:10 PMTo: Greene, Susan (ATG)Subject: Document containing Image subject of Gettyimage demand letter for $1065

Dear Susan: I'm getting anxious about sending you the document which contains the image that Gettyimages is demanding $1065 in their seven page legal letter I received last week.I did receive confirmation that my complaint to the AG was received, however I have not as yet received a complaint number. Nevertheless I have attached the document containing the image--see attached. In response to the GettyLetter, I removed the entire article which is lengthy and in which the

WalliG 3/28/2013

428072

image (A bring oil lamp) can be found toward the end. Cordially, Dr....Ted Rothstein DDS PhDSpecialist in Cosmetic Orthodonticsand Dentofacial Orthopedics: Adults & ChildrenPreferred Provider of Invisalign: Adults & TeensSpecialist in Orthodontic Jaw WiringAmerican Association of Orthodontists--Life-active35 Remsen St., Bklyn, NY 112017188521551 www.drted.com [email protected] Facebook Twitter

428072

From: ATG MI CPR Contact AGO Sent: Tuesday, March 26, 2013 4:00 PMTo: ATG MI Seattle CRCSubject: Complaint No. 237688 - FW: Document containing Image subject of Gettyimage demand letter for $1065

RE: Complaint No. 237688

From: [email protected] [mailto:[email protected]]Sent: Tuesday, March 26, 2013 12:14 PMTo: ATG MI CPR Contact AGOSubject: Fwd: Document containing Image subject of Gettyimage demand letter for $1065

Attention; Liz Williamson: Dear Dr. Rothstein,I obtained the following information/suggestions from my contact at the Consumer Protection section of our office.First, she says it takes a couple days for the complaints to get entered into the system so that she can see them, and yours is not yet in the system.So, option #1 is for you to fax the document to the CRC at 206.389.2801Or #2, you can call the CRC at 1-800-551-4636 and coordinate with them how to get your attachment to the complaint Or #3, you can email the attachment to Liz Williamson of the Consumer Protection section and she will get it where it needs to go – her email is [email protected]. Ted Rothstein DDS PhDSpecialist in Cosmetic Orthodonticsand Dentofacial Orthopedics: Adults & ChildrenPreferred Provider of Invisalign: Adults & TeensSpecialist in Orthodontic Jaw WiringAmerican Association of Orthodontists--Life-active35 Remsen St., Bklyn, NY 112017188521551 www.drted.com [email protected] Facebook Twitter

From: [email protected]: [email protected]: 03/26/2013 3:09:53 P.M. Eastern Daylight TimeSubj: Document containing Image subject of Gettyimage demand letter for $1065 Dear Susan: I'm getting anxious about sending you the document which contains the image that

WalliG 3/28/2013

428072

Gettyimages is demanding $1065 in their seven page legal letter I received last week.I did receive confirmation that my complaint to the AG was received, however I have not as yet received a complaint number. Nevertheless I have attached the document containing the image--see attached. In response to the GettyLetter, I removed the entire article which is lengthy and in which the image (A bring oil lamp) can be found toward the end. Cordially, Dr....Ted Rothstein DDS PhDSpecialist in Cosmetic Orthodonticsand Dentofacial Orthopedics: Adults & ChildrenPreferred Provider of Invisalign: Adults & TeensSpecialist in Orthodontic Jaw WiringAmerican Association of Orthodontists--Life-active35 Remsen St., Bklyn, NY 112017188521551 www.drted.com [email protected] Facebook Twitter

428072


April 2, 2013



Dear Getty Images:

Our office has received the enclosed complaint from Ted Rothstein regarding your business.






JeriM 4/2/2013

428072


Name:Ted Rothstein

Address:35 Remsen StBrooklyn, NY 11201

Day Phone:(718) 852-1551





Yes




Phone:(206) 925-6753

Toll-Free:

Fax:(206) 925-5623

E-mail:428072

[email protected]

Name of owner or manager (if known):Dr. Ted Rothstein






Salesperson's name:








No




If YES, please explain: 428072

Explain your complaint in detail:March 22, 2013To the Attorney General. Mr Bob Ferguson, Washington State:Dear Mr. Ferguson:Gettyimages (605 5th ave. S, Ste. 400, Seattle WA 98104: www.gettyimages.com) sent me a 7-page demand-letter for $1065 March 17, 2013 (notification #1314999) for infringing a copyright image they claim to own. This type of infrinegment is currently referred to as an "innocent infringement" by posting in image embedded in an religious educational article I posted on my website on a subject of religion totally unrelated to my work as orthodontist and solely for the purpose of supporting a video I had made documenting a ritual that religious Jews carry out on a daily basis. I used a document published by a religous institution that included in it the words reprint permission ##### and that contained the image in question.(That document is available on request).It cotained an image of a burning Jewish oil lamp which had no indiction of a "copyright by Gettyimages".That same evening I removed the image and notified the source of sender of the "Demand letter" that I had removed the document and the image . Two days later they emailed a " Settlement" offer indicating they would accept $850 without any explanation of how they arrived at that amount. I believe this kind of action is currently called "Speculation billing" In this letter they threatened to commence a legal action in court if I did not agree to sum demanded by March 26. Today I contacted the AG Washington State and requested all complaints received by the AG which I was told were voluminous, and was further advised and encouraged to register a complaint not only with the AG Washington State, but with AG of NY State which I intend to do without a moment's delay. Yours truly, Dr. Ted Rothstein Ps. I am sending under separate cover the document that includes the image referred to in the Getty demand letter since I do not have access it at the computer I am using. I will send it and incluse the refernce number that I receive upon sending this formal complaint.Expected resolution details: I am requesting that they accept my apology for my innocent infringement and forgo any demand for a settlement under threat of litagation. What do you think the business should do to resolve your complaint - (circle one)OtherExplain if you have circled 'Other':



I understand that the Washington State Attorney General's Office will contact the party(ies) against which I have filed a complaint in an effort to reach an amicable resolution. I authorize

428072

the party(ies) against which I have filed a complaint to communicate with and provide information related to my complaint to the Washington State Attorney General's Office.

Signature Dr. Ted Rothstein Date March 22, 2013Received via the InternetCity and State where signed Brooklyn, NY

428072

C 1st Letter to Complainant To: [email protected] FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

April 2, 2013



Dear Ted Rothstein:







JERI MARCUSComplaint AnalystConsumer Protection Division

JeriM 4/2/2013

428072


428072

From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, April 18, 2013 1:17 PMTo: ATG MI Bellingham CRCSubject: RE: 428072 : A notice from the Washington State Attorney General'sOffice

Re: Dr. Ted Rothstein (the “Complainant”)






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

AdaS 4/18/2013

428072

license constitutes copyright infringement, for which we are entitled to seek damages.



Regards,





428072

Csup Closing Unadjusted (C-UNJ) To: [email protected] FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

May 1, 2013



Dear Ted Rothstein:







JeriM 5/1/2013

428072







Enclosure

From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, April 18, 2013 1:17 PMTo: ATG MI Bellingham CRCSubject: RE: 428072 : A notice from the Washington State Attorney General'sOfficeRe: Dr. Ted Rothstein (the "Complainant")Your File # 428072Our Reference # 1314999We 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

428072

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.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 ComplianceGetty Images - Copyright CompliancePLEASE NOTE OUR NEW ADDRESS:605 Fifth Avenue South, Suite 400Seattle, WA 98104T: (206) 925-5000F: (206) 925-5001Copyright.compliance@gettyimages.comwww.gettyimages.comThis 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 email or any attachments hereto. Please notify the sender immediately by email if you have received this email by mistake and delete this email and any attachments from your system without copying or disclosing the contents. Email transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or

428072

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 email transmission. If verification is required, please request a hard-copy version. Getty Images, Inc., 605 Fifth Ave. S., Ste. 400, Seattle, WA 98104, USA, www.gettyimages.com

428072

Rsup Closing No Adjustment (R-UNJ) To: [email protected] Bob FergusonATTORNEY GENERAL OF WASHINGTONConsumer Protection Division103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 (360) 738-6187

May 1, 2013



Dear Getty Images:

Thank you for your recent communication in response to the complaint from Ted Rothstein. Ted Rothstein has been informed of your response and that we have closed this complaint with regard to our informal mediation service. We have notified the complainant of the availability of private legal remedies in the event the complainant wishes to pursue this matter further.Although this was not resolved to the parties’ mutual satisfaction, we appreciate your response. This complaint will remain in our public records.Please be advised even though we are closing this complaint, we may open a formal investigation or take future action pursuant to the Consumer Protection Act at any time if the facts and circumstances indicate that further action is warranted.


JeriM 5/1/2013

428072

http://www.m.drted.com/Tefillin.htm

Removed 03/18/13

Upon receipt of 7 page letter from gettyimages r 031813 and speaking with rep who notified me of the url (see above) where the image is located.

The above page with image included was removed at 8:45 031813 upon request to the ixwebhosting representative.

Back to Resume Back to Home Page Back to Site Additions

Dr. Ted Presents: Wrapping with Rabbi Aaron

Shalom: Atheists, agnostics, and the just plain curious are welcome here. This film is an educational documentary on the application and use of "Tefillin" during prayer among Orthodox Jews. Dr. Ted invited Rabbi Aaron Raskin of Congregation B'nai Avraham, Brooklyn, NY to demonstrate in real time how Orthododox Jewish men don two prayer boxes: one on their arm and one on their head, as the prologue to reciting /("davening" the Hebrew word for reciting) the morning prayers. Read on below to learn the origin and meaning of the ritual as well as the controversies surrounding this little known ritual (even among Jewish people) which is practiced by, and largely known, mostly to Orthodox Jewish people...one of the three major divisions of Judaism. You will learn what is in the prayer boxes along with a transliteration from Hebrew to English. Shalom, Dr. Ted Rothstein, June 12, 2009.

A documentary film on the application and use of Tefillin during prayer among Orthodox Jews

Tefillin: Part I Tefillin: Part II

Questions put to the Rabbi**

Aired Monday, May 18, 2009: BCAT 1: TimeWarner cable channel 34 / Cablevision 67 / RCN 82 / Verizon 42 and streams on briconline.org/bcat

Click on the link below to learn about the prayer that is said when the boxes are in place on your arm and head and the prayers that are written on parchment inside the black boxes.

Tefillin ...and so much more below

[ AN OVERVIEW OF THE "MITZVAH" OF DONNING TEFILLIN FOR THE

MORNING PRAYER: ] Each of the two boxes that are ceremonially wrapped

around the arm and head of one who practices this rite (see photo below)

contains the same four scriptural passages see Tefillin , but the box worn on the

head contains four separate parchments while the box on the arm has all four

scriptural passages on one parchment.] I will ask the Rabbi why that is so.

Donning Tefillin is done on weekdays and Sunday when davening

(praying/reciting) the morning prayers. It takes about 5 minutes to attach by

wrapping the Tefillin upon and around the arm and the head. The arm (the left

arm if you are right-handed and the right arm if you are left-handed) is wrapped

first, followed by a brief prayer after which one remains silent until the main

prayer is completed. If one inadvertently speaks one must recite another one

line prayer before continuing on to the main prayer. The main prayer takes about

one minute to recite. The entire ceremony of placing the Tefillin, saying the

prayer and removing the boxes, rewrapping them and replacing them in the

deep-blue or crimson velvet-covered special cloth case, in which they are kept,

takes about 15 minutes. The donning of Tefillin is a mitzvah (scriptural

commandment) that many orthodox Jews, in particular, the group of people who

are known as the Lubavitcher Hasidim, Donning Tefillin in essence is a

commemoration and reminder/indication of the exodus of the Jewish people from

Egypt where they were slaves for about 225 years. The Mitzvah of donning

Tefillin fulfills the reminder. By and large the great majority of Jewish people are

entirely unfamiliar with this traditional ritual in which one reaffirms that The lord

our G-d "Hashem" --"The Name", the lord is one. And, you should love your G-d

with all your soul and all your might. Moreover, it behooves you to teach your

children to do the same. Indeed you should go so far as to place this reminder

on the doorpost of your house, and moreover, wear this reminder on your arm

and your forehead. The most adherent observers of this ritual are to be found

among those who practice Orthodox Judaism. Other, more modern subdivisions,

are known as Reform and Conservative divisions have assimilated the religion in

to a more main stream way of American life. Indeed, in real life the practice of

Judaism ranges far and wide across a broad spectrum of practices and beliefs.

One has only to mention those Jews who follow the "Jews for Jesus"" movement

to realize how far-ranging is the daily practice of Judaism. Traditionally, at the

conclusion of the prayer each day one sets a side a charitable contribution. For

some, performing the prayer opens a direct channel to the "Author" of all. One

recites the prayer with heartfelt emotions and when one is done it is as though at

that moment the heavens sent forth a ray of divine light which infuses your being.

Although the daughter(s) of the great medieval Talmudic scholar, Rabbi Shlomo Yitzchaki, better known by the acronym, Rashi, (who had no sons) were purportedly permitted to don Tefillin, it is very controversial among the orthodox to accept the idea of women wearing the phylacteries. The reason for this will be provided by Rabbi Aaron.

Out of respect for my rabbi and other orthodox rabbis who might be put off (to say the least) by seeing a photograph of an observant Jewish female (Dani Shapiro) wearing Tefillin and a typical prayer shawl (Talit) as well, I have provided a link to that photograph. LINK.

image from Google images

Main Entry: PHY-LAC-TERY

Pronunciation: \fə-�lak-t(ə-)rē\

Function: noun

Inflected Form(s): plural phy·lac·ter·ies

Etymology:

Middle English philaterie, from Medieval Latin philaterium, alteration of Late Latin phylacterium, from Greek phylaktērion amulet, phylactery, from phylassein to guard, from phylak-, phylax guard

Date: 14th century

1 : either of two small square leather boxes containing slips inscribed with scriptural passages and traditionally worn on the left arm and on the head by observant Jewish men and especially adherents of Orthodox Judaism during morning weekday prayers 2 : amulet [phylactery illustration]

TE-FIL-LIN Pronunciation:

\tē-�fi-lən also -ləm\ Function:

noun plural but sometimes singular in construction Etymology:

Late Hebrew tĕphīlīn, from Aramaic, attachments Date:

1613 : the phylacteries worn by Jews Learn more about "tefillin" and related topics at Britannica.com

Tefillin

The are about 13.5 million Jewish people in the world. By far the largest population of Jewish people can be found in Israel. 5.7 million are located in North America of which 5.2 million reside in the United States. New York City contains about 2 million Jewish persons and about 500,000 Jewish people dwell in Brooklyn.

Tefillin are two small black boxes with black straps attached to them; Jewish men are required to place one box on their head and tie the other one on their arm each weekday morning. Tefillin are biblical in origin, and are commanded within the context of several laws outlining a Jew's relationship to God. "And you shall love the Lord your God with all your heart, with all your soul, and with all your might. Take to heart these instructions with which I charge you this day. Impress them upon your children. Recite them when you stay at home and when you are away, when you lie down and when you get up. Bind them as a sign on your hand and let them serve as a frontlet between your eyes" (Deuteronomy 6:5-8).

Certain Jewish groups — including probably the Sadducees, and definitely the medieval Karaites — understood the last verse to be figurative; it means only that one should always be preoccupied with words of Torah, as if they were in front of one's eyes. The Pharisees, however, took the text literally; the words of the Torah are to be inscribed on a scroll and placed directly between one's eyes and on one's arm. Tefillin are wrapped around the arm seven times, and the straps on the head are adjusted so they fit snugly.

The text that is inserted inside the two boxes of Tefillin is hand-written by a scribe, and consists of the four sets of biblical verses in which Tefillin are commanded (Exodus 13:1-10, 11-16; Deuteronomy 6:4-9, 11:13-21). Because each pair of Tefillin is hand-written and hand-crafted, it is relatively expensive, and a well-made pair costs several hundred dollars.

The word Tefillin is commonly translated as "phylacteries," though the Hebrew term is more often used. I have never met a Jew who puts on Tefillin who calls them "phylacteries."

Putting on Tefillin is the first mitzvah assumed by a Jewish male upon his Bar Mitzvah. Usually, boys are trained to start wearing them one to two months before their thirteenth Hebrew birthday. During the training period, boys don Tefillin, but do not recite a blessing. Subsequent to the Bar Mitzvah, a specific blessing, "Blessed are You, Lord our God, King of the universe, who has sanctified us with His commandments and commanded us to put on Tefillin, " is recited whenever they are worn. Many Jews say an additional blessing and prayer upon putting on Tefillin.

Tefillin are worn each weekday morning, but not on the Sabbath or on most Jewish holidays. On the fast day of Tisha Be'Av, and on that day only, they are put on during the afternoon instead of the morning service.

Among observant Jews, Tefillin is a mitzvah of the greatest significance. Recently, an eighty-nine-year-old rabbi told me that, in the seventy-six years since his Bar Mitzvah, he had not missed putting on Tefillin even once. Since the Holocaust, stories have circulated of Jews who managed to smuggle Tefillin into Nazi

WA State AG Complaint - 122

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