Status

Amount Disputed

Actual Savings

Estimated Savings

Activities

Location

NAICS

Complainant

Number

Date

Name Contact Phone Toll Free Email

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

(206) 925-6753 copyright.compliance@gettyimages.com

430997

5/17/2013

Respondent(s)

Complaint

Bellingham - Consumer Protection Division

Date Added Activity Type Activity

5/22/2013 Email to Respondent R 1st Letter to Respondent To:copyright.compliance@gettyimages.com

5/22/2013 Email to Complainant C 1st Letter to Complainant To:rsjnine@gmail.com

5/24/2013 Email from Respondent

6/19/2013 Email to Complainant Csup Closing Unadjusted (C-UNJ) To:rsjnine@gmail.com

541920-Photographic Services

Assignee Marcus, Jeri

$0.00

$780.00

$0.00

Code Practice

316 Billing Issues

Practice(s)

Closed

Referral(s)Name Contact Phone Contact Phone Email

430997

CatalystComplaint Cover Page

Name Phone Day Phone Evening Email

Robert Jones4001 SW Pasadena StPortland, OR 97219

(928) 310-9701 rsjnine@gmail.com

1 of 2430997

Date Added Activity Type Activity

6/19/2013 Email to Respondent Rsup Closing Neutral (R-NEU) To:copyright.compliance@gettyimages.com

6/19/2013 Resolution-UNADJUSTED

2 of 2430997

Description

This complaint is in regards to Getty Images, located at 601 N. 34th St, Seattle, WA 98103.

My name is Robert Jones. My wife and I own a small dog walking business in Portland, Oregon called PJ's Pups. I am writing you to ask for assistance in dealing with and investigating Getty Images, a company that supplies stock images. This company is engaging in unethical practices to collect an invalid monetary claim.

On May 13, 2013, I received a letter from Getty Images License Compliance Team. The letter indicated that our website contained an image that was owned by Getty, and requested that the image be removed. This request was complied with immediately.

The letter also included a settlement demand for $780.00. In this letter and subsequent correspondence by phone and email, Getty's agents indicated that this amount was related to alleged copyright infringement based on the use of the image in question. Email correspondence indicated that this represented an attempt to collect "actual damages" incurred by Getty through our use of their image.

Despite numerous requests, Getty has refused to provide any proof that they actually hold a valid copyright for the image in question. They have indicated that copyright registrations are irrelevant to this matter, despite numerous indications that the issue centers around alleged copyright infringement.

Also despite numerous requests, Getty has refused to provide any sort of rationale for arriving at the amount of $780 in "actual damages". The law defines actual damages as the fair market value of the infringed work.According to Getty's website, a license for use of this image for the length of time it appeared on our website costs $276. I offered to pay them this amount, but the offer was refused.

Getty's practices in this matter amount to extortion. After doing some research, I have learned that they specialize in scouring the internet for small businesses who are unlikely to have the knowledge or resources to defend themselves against this type of complaint. No fewer than 115 similar complaints against Getty are found on their BBB listing, and I'm certain that there are many more. Getty won the only related court case to date (Getty v. Advernet). However, they received no monetary settlement. The courts ruled that they were not legally entitled to pursue a claim on the images because they did not own the copyrights.

I would love to see the AG Office conduct an investigation into the business practices and legality of Getty Images' campaign against small business. Their practices are harmful to small businesses in Washington and across the nation. Thank you for your time and consideration.

Sincerely,

Robert Jones

Expected resolution details: dismiss their settlement demand

Complaint Description

Catalyst Report