WA State AG Complaint - 117
These are the current complaints against Getty Images that are on file with the Washington State Attorney General office. These are complaints about Getty’s Settlement Demand letters sent out over alleged copyright infringement and are done in such a way that many call it “Legalized Extortion” as Getty refuses to provide any proof whatsoever of their claim, give unrealistic and artificial deadlines for payment, make veiled threats of an eminent impending lawsuit all of which are designed to instill fear and panic making the letter recipient pay before they can do any research and find out what is going on.
Content
Catalyst Complaint Cover Page
427941
Complaint
Number 427941 Date 3/20/2013 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Offril, Wency V $0.00 $1,886.19 $0.00
Location Seattle - Lemon Law (Motor Veh. Arbitration) NAICS 541920-Photographic Services
Complainant
Name Andy Gritti 16100 N Greenway Hayden Lp #400 Scottsdale, AZ 85260 Phone Day (480) 948-6997 Phone Evening Email [email protected]
Respondent(s)
Name Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 Contact Phone (206) 925-6753 Toll Free Email copyright.complian [email protected] m
Referral(s)
Name Contact Phone Contact Phone Email
Practice(s)
Code 100 404 Practice Misrepresentation of Terms Collection Practices
Activities
Date Added 3/20/2013 3/20/2013 3/27/2013 Activity Type Email to Complainant Email to Respondent Email from Respondent Activity C 1st Letter to Complainant To: [email protected] R 1st Letter to Respondent To: [email protected]
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1 of 2
Date Added 3/27/2013 3/27/2013 3/27/2013 3/28/2013 3/28/2013
Activity Type Email to Complainant Email to Respondent Resolution-UNADJUSTED Email from Complainant Email to Complainant
Activity Csup Closing Unadjusted (C-UNJ) To: [email protected] Rsup Closing No Adjustment (R-UNJ) To: [email protected]
Csup Limits of AGO (C-LIMITS) To: [email protected]
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2 of 2
Catalyst Report
Complaint Description
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.
WencilaF
3/27/2013
Csup Closing Unadjusted (C-UNJ) To: [email protected] Bob Ferguson ATTORNEY GENERAL OF WASHINGTON Consumer Protection Division 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686 March 27, 2013 Andy Gritti 16100 N Greenway Hayden Lp #400 Scottsdale, AZ 85260 RE: Getty Images File #: 427941 Dear Andy Gritti: 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:
427941
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. OFFRIL Program Coordinator Consumer Protection Division (206) 464-6686 Fax: (206) 587-5636 [email protected] Enclosure From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, March 21, 2013 3:29 PM To: ATG MI Seattle CRC Subject: RE: 427941 : A notice from the Washington State Attorney General'sOffice Re: Andi Gritti (Rowpar Pharmaceuticals) (the “Complainant”) Your File # 427941 Our Reference # 1273462 We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently. By way of introduction, Getty Images is a leading creator and distributor of digital content, including still and moving images. We license thousands of images each day on our website, www.gettyimages.com. Customers such as graphic designers, advertising agencies, and publishers license our imagery for a variety of purposes, including but not limited to print advertising, billboards, newspaper and magazine articles, brochures and websites. Our license information is clearly available from each page of our website, and we do not permit the use of our imagery without a license. Notwithstanding the license requirement, like other digital media companies, Getty Images does fall victim to individuals pirating its intellectual property. To combat this, Getty Images uses both employees and digital image recognition software to locate entities that have used Getty
427941
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. 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/. 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. 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
427941
WencilaF
3/28/2013
From: Andy Gritti [mailto:[email protected]] Sent: Wednesday, March 27, 2013 1:51 PM To: ATG MI Seattle CRC Subject: 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
427941
WencilaF
3/28/2013
Csup Limits of AGO (C-LIMITS) To: [email protected] Bob Ferguson ATTORNEY GENERAL OF WASHINGTON Consumer Protection Division 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686 March 28, 2013 Andy Gritti 16100 N Greenway Hayden Lp #400 Scottsdale, AZ 85260 RE: Getty Images File #: 427941 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.
427941
WENCY V. OFFRIL Program Coordinator Consumer Protection Division
427941
427941
Complaint
Number 427941 Date 3/20/2013 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Offril, Wency V $0.00 $1,886.19 $0.00
Location Seattle - Lemon Law (Motor Veh. Arbitration) NAICS 541920-Photographic Services
Complainant
Name Andy Gritti 16100 N Greenway Hayden Lp #400 Scottsdale, AZ 85260 Phone Day (480) 948-6997 Phone Evening Email [email protected]
Respondent(s)
Name Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 Contact Phone (206) 925-6753 Toll Free Email copyright.complian [email protected] m
Referral(s)
Name Contact Phone Contact Phone Email
Practice(s)
Code 100 404 Practice Misrepresentation of Terms Collection Practices
Activities
Date Added 3/20/2013 3/20/2013 3/27/2013 Activity Type Email to Complainant Email to Respondent Email from Respondent Activity C 1st Letter to Complainant To: [email protected] R 1st Letter to Respondent To: [email protected]
427941
1 of 2
Date Added 3/27/2013 3/27/2013 3/27/2013 3/28/2013 3/28/2013
Activity Type Email to Complainant Email to Respondent Resolution-UNADJUSTED Email from Complainant Email to Complainant
Activity Csup Closing Unadjusted (C-UNJ) To: [email protected] Rsup Closing No Adjustment (R-UNJ) To: [email protected]
Csup Limits of AGO (C-LIMITS) To: [email protected]
427941
2 of 2
Catalyst Report
Complaint Description
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.
WencilaF
3/27/2013
Csup Closing Unadjusted (C-UNJ) To: [email protected] Bob Ferguson ATTORNEY GENERAL OF WASHINGTON Consumer Protection Division 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686 March 27, 2013 Andy Gritti 16100 N Greenway Hayden Lp #400 Scottsdale, AZ 85260 RE: Getty Images File #: 427941 Dear Andy Gritti: 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:
427941
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. OFFRIL Program Coordinator Consumer Protection Division (206) 464-6686 Fax: (206) 587-5636 [email protected] Enclosure From: Copyright Compliance [mailto:[email protected]] Sent: Thursday, March 21, 2013 3:29 PM To: ATG MI Seattle CRC Subject: RE: 427941 : A notice from the Washington State Attorney General'sOffice Re: Andi Gritti (Rowpar Pharmaceuticals) (the “Complainant”) Your File # 427941 Our Reference # 1273462 We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently. By way of introduction, Getty Images is a leading creator and distributor of digital content, including still and moving images. We license thousands of images each day on our website, www.gettyimages.com. Customers such as graphic designers, advertising agencies, and publishers license our imagery for a variety of purposes, including but not limited to print advertising, billboards, newspaper and magazine articles, brochures and websites. Our license information is clearly available from each page of our website, and we do not permit the use of our imagery without a license. Notwithstanding the license requirement, like other digital media companies, Getty Images does fall victim to individuals pirating its intellectual property. To combat this, Getty Images uses both employees and digital image recognition software to locate entities that have used Getty
427941
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. 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/. 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. 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
427941
WencilaF
3/28/2013
From: Andy Gritti [mailto:[email protected]] Sent: Wednesday, March 27, 2013 1:51 PM To: ATG MI Seattle CRC Subject: 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
427941
WencilaF
3/28/2013
Csup Limits of AGO (C-LIMITS) To: [email protected] Bob Ferguson ATTORNEY GENERAL OF WASHINGTON Consumer Protection Division 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686 March 28, 2013 Andy Gritti 16100 N Greenway Hayden Lp #400 Scottsdale, AZ 85260 RE: Getty Images File #: 427941 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.
427941
WENCY V. OFFRIL Program Coordinator Consumer Protection Division
427941
