WA State AG Complaint - 160A
Content
Rob Laughter <[email protected]>
1386498 - Stacy Perkins, LCPC Ltd CRM:014111634
8 messages
License Compliance <[email protected]> Fri, Aug 16, 2013 at 2:32 PM
To: "[email protected]" <[email protected]>, License Compliance
<[email protected]>
FOR SETTLEMENT PURPOSES ONLY
RE: 1386498 - Stacy Perkins, LCPC Ltd
Dear Rob,
Thank you for your time on the telephone today. After careful consideration, Getty Images is willing to accept $1,750.00 as
full and final settlement of the demand that was recently presented to Stacy Perkins, LCPC Ltd. This offer is made
conditionally and it will automatically be withdrawn if full payment is not postmarked by August 26, 2013.
Getty Images hopes that the added consideration given to reduce this settlement demonstrates our mindful attention to the
circumstances; as such we encourage prompt payment of this settlement as offered. The terms of this settlement offer
shall be kept confidential, except as may be required by law. Getty Images expressly reserves all rights and remedies
available under copyright law. Thank you for your time to this matter.
Best regards,
D. Bieker
Copyright Compliance Specialist
Getty Images
[email protected]
Getty Images Headquarters
605 5th Avenue S., Suite 400
Seattle, WA 98104 USA
Direct 206.925.7622
Toll Free: 800.972.4170 ext 7622
Fax: 206.925.5001
For more information about the Getty Images License Compliance Program, please visit http://company.gettyimages.
com/license-compliance
_____
©2012 Getty Images, Inc.
PRIVILEGED AND CONFIDENTIAL
This message may contain privileged or confidential information and is intended only for the individual named. If you are
not the named addressee or an employee or agent responsible for delivering this message to the intended recipient you
should not disseminate, distribute or copy this e-mail or any attachments hereto. Please notify the sender immediately by
e-mail if you have received this e-mail by mistake and delete this e-mail and any attachments from your system without
copying or disclosing the contents. E-mail transmission cannot be guaranteed to be secure or error-free as information
could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does
not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail
transmission. If verification is required please request a hard-copy version. Getty Images, 605 5th Avenue S., Suite 400,
Seattle, WA. 98104, USA, www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned by
us and by an external service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletion
of a legitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns about this
automatic filtering.
Rob Laughter <[email protected]> Fri, Aug 16, 2013 at 3:13 PM
To: License Compliance <[email protected]>
Dear Mr. Bieker,
Thank you for your time on the phone this afternoon and for the willingness to work to reduce the fine that you've
imposed.
We are a small, bootstrapped agency with a very limited budget. The fee of $1,750 is the equivalent of nearly four
months' revenues from Ms. Perkins' account. Accordingly, it will take nearly a year to earn enough from her
account to pay the fee. To be forced pay that amount in such a short time frame will require selling our limited
assets and will result in undue harm to our business.
As I mentioned during our conversation today:
1. the low resolution images in question were on our client's site for less than 60 days,
2. the images were posted by a third party, not by our client or by our agency,
3. the images weren't sold or directly used for profit, and
4. the images were only viewed 52 times during the time that they were displayed on the site.
Additionally, I have terminated the employment of the employee responsible for outsourcing her work, initiated an
audit of our other clients to ensure that there are no further violations, and reaffirmed our policy on stock images
to the rest of our team. Any further violation will result in immediate termination.
At this time, based on our budget and current assets, I can offer is $500 to settle this matter by the date that
you've enforced.
I hope you'll recognize our commitment to settling this matter for our client and I hope you will work with us to do
so in a way that won't do unjust harm on our business.
Regards,
Rob Laughter
[Quoted text hi dden]
--
Rob Laughter
Managing Director
Connective Insights, the Web Marketing Company
http://www.connectiveinsights.com
License Compliance <[email protected]> Tue, Aug 20, 2013 at 11:16 AM
To: Rob Laughter <[email protected]>, License Compliance <[email protected]>
FOR SETTLEMENT PURPOSES ONLY
RE: 1386498 - Stacy Perkins, LCPC Ltd.
Dear Rob Laughter,
Thank you for your continued time. Getty Images respectfully declines your offer to settle this case at $500.00.
Getty Images understands this was an unintentional infringement; however that does not lessen Stacy Perkins,
LCPC’s liability. The arrangement is for one full and final settlement in the amount of $1,750.00 if payment is
received or postmarked by August 26, 2013.
Getty Images is merely seeking to recover license fees that should have been paid had the appropriate licenses
been obtained prior to the start of use which includes our costs of enforcement in this matter. Unfortunately, the
use has already occurred. While we have reduced the amount that we are willing to accept, it is our position that
our initial demand was a fair offer considering the use in question. Please understand if we were to reduce the
amount further, it would do a serious disservice to our photographers and our other customers. Again, please
understand we stand to protect our photographers from copyright infringement even if it was unintentional.
Unfortunately, there is nothing more I can do with respect to reducing the settlement amount further.
The terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Images
expressly reserves all rights and remedies available under copyright law. Thank you for your time and attention to
this matter.
Best regards,
D. Bieker
Copyright Compliance Specialist
Getty Images
[email protected]
Getty Images Headquarters
605 5th Avenue S., Suite 400
Seattle, WA 98104 USA
Direct 206.925.7622
Toll Free: 800.972.4170 ext 7622
Fax: 206.925.5001
For more information about the Getty Images License Compliance Program, please visit
http://company.gettyimages.com/license-compliance
_____
©2012 Getty Images, Inc.
PRIVILEGED AND CONFIDENTIAL
This message may contain privileged or confidential information and is intended only for the individual named. If
you are not the named addressee or an employee or agent responsible for delivering this message to the
intended recipient you should not disseminate, distribute or copy this e-mail or any attachments hereto. Please
notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail and any
attachments from your system without copying or disclosing the contents. E-mail transmission cannot be
guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or
incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the
contents of this message, which arise as a result of e-mail transmission. If verification is required please request
a hard-copy version. Getty Images, 605 5th Avenue S., Suite 400, Seattle, WA. 98104, USA,
www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned by us and by an
external service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletion of a
legitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns about
this automatic filtering.
From: Rob Laughter [mailto:[email protected]]
Sent: Friday, August 16, 2013 12:14 PM
To: License Compliance
Subject: Re: 1386498 - Stacy Perkins, LCPC Ltd CRM:014111634
[Quoted text hi dden]
Rob Laughter <[email protected]> Tue, Aug 20, 2013 at 4:58 PM
To: License Compliance <[email protected]>
Bcc: Stacy Perkins <[email protected]>
Dear Mr. Bieker,
Thank you the time and attention given your response. Please do understand that I would like to settle this
matter amicably. Unfortunately, as I mentioned in my prior email, we simply do not have the cash funds to meet
your settlement offer at this time.
I'll remind you that my company is not legally responsible for this claim, as the infringement was committed by a
third-party independent contractor who was not engaged by or acting on behalf of my company. I have email
documentation between my team members and myself to verify this claim. I've offered to settle this matter with
you as a courtesy to my client, who runs a small business like myself and would like to see this matter resolved
as quickly as possible.
You mention fairness in your response, and I must object to the fairness of demanding an exorbitant sum of
money from a small business owner who is at best an "innocent infringer," which would, according to the US
Code 17 USC § 504, limit statutory damages to $200 per image. Even then, the damages would apply only in
the event that the images were registered with the US Copyright office.
To that effect, you have not proven that Getty's exclusive legal claim to the image or Getty's exclusive rights to
the image. One of the images referenced by my client, "TIRED WOMAN HOLDING HER HEAD UP IN CAFE" by
Mr. Alain Daussin, currently appears on at least 44 different websites dating back to 2008 according to a search
at TinEye.com. I need to be sure that your company has the exclusive rights to the image before I can in good
conscience reach a settlement of the consequence that you've suggested.
The letter that you sent to my client--which she forwarded to me--contains no images, no proof of infringement,
and no proof to your company's claim to the exclusive rights to the image. To help make an informed decision on
how to proceed, I must at least insist on seeing some proof of your claim.
For my reference, can you please provide the following information?
US Copyright Office registration number(s) for the infringing images proving Getty's exclusive legal claim to
the images
Documentation of your license arrangements with Mr. Daussin ([email protected]) and Mr.
Lambert ([email protected]) permitting the actions that you are taking against my client
An itemized formula for reaching the settlement amount you have referenced in your counteroffer
Thank you again for your prompt attention and assistance in providing the requested documentation in hopes of
resolving this matter.
Regards
Rob Laughter
[Quoted text hi dden]
License Compliance <[email protected]> Fri, Aug 23, 2013 at 12:16 PM
To: Rob Laughter <[email protected]>, License Compliance <[email protected]>
FOR SETTLEMENT PURPOSES ONLY
RE: 1386498 - Stacy Perkins, LCPC Ltd.
Dear Rob Laughter,
Thank you for your continued time. The requested articles - such as proof, registrations and representation would
be furnished only when compelled by the court through the course of discovery. To provide this information
beforehand would take additional time as well as additional costs. Our settlements are set up to quickly close
unauthorized use cases. If cases were to go to legal proceedings, our represented photographers would have
registrations prior to filing.
The full liability of this infringement rests with Stacy Perkins, LCPC Ltd. If you are interested in settling this
matter on behalf of Stacy Perkins, LCPC Ltd., Getty Images would expect full payment of $1,750.00 to be
postmarked by August 26, 2013. If we are unable to reach settlement by this deadline, Getty Images will
continue to pursue Stacy Perkins, LCPC Ltd. directly.
The terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Images
expressly reserves all rights and remedies available under copyright law. Thank you for your time and attention to
this matter.
Best regards,
D. Bieker
Copyright Compliance Specialist
Getty Images
[email protected]
Getty Images Headquarters
605 5th Avenue S., Suite 400
Seattle, WA 98104 USA
Direct 206.925.7622
Toll Free: 800.972.4170 ext 7622
Fax: 206.925.5001
For more information about the Getty Images License Compliance Program, please visit
http://company.gettyimages.com/license-compliance
_____
©2012 Getty Images, Inc.
PRIVILEGED AND CONFIDENTIAL
This message may contain privileged or confidential information and is intended only for the individual named. If
you are not the named addressee or an employee or agent responsible for delivering this message to the
intended recipient you should not disseminate, distribute or copy this e-mail or any attachments hereto. Please
notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail and any
attachments from your system without copying or disclosing the contents. E-mail transmission cannot be
guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or
incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the
contents of this message, which arise as a result of e-mail transmission. If verification is required please request
a hard-copy version. Getty Images, 605 5th Avenue S., Suite 400, Seattle, WA. 98104, USA,
www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned by us and by an
external service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletion of a
legitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns about
this automatic filtering.
From: Rob Laughter [mailto:[email protected]]
Sent: Tuesday, August 20, 2013 1:59 PM
[Quoted text hi dden]
[Quoted text hi dden]
Rob Laughter <[email protected]> Fri, Aug 23, 2013 at 1:44 PM
To: License Compliance <[email protected]>
Dear Mr. Bieker,
Thank you for your response.
I must again object to subjecting an innocent website owner to such an exorbitant fine without the courtesy of
providing proof of your claim. It would only take a few moments of your time to provide the US Copyright Office
registration numbers for the photos in question--if the photographs are indeed registered.
Instead, you've refused to provide proof of your exclusive legal claim to the images, you've provided no proof of
registration, and you're demanding an arbitrary settlement with no explanation.
That's not a settlement--that's extortion. There is nothing stopping your company from sending notices about
images that you don't own, demanding settlement, refusing to demonstrate your claim, and threatening legal
action in the event that innocent website owners don't pay your fine.
Before I can agree to settle this matter, I must again insist on seeing the proof that your company does in fact
have an exclusive legal claim to the images and that your company has the authority to pursue the matter.
Simply put, if you can demonstrate your claim, I'll quickly and quietly settle for the amount you've requested. If
you are unwilling to do so, I will happily honor my offer of $500 to compensate the photographers for this mistake.
I have several hundred photographs published myself, and I believe that photographers deserve to be
compensated for their hard work.
Please be aware that the automated response received from emailing the License Compliance department very
clearly states that there is a delay in response time to these emails and, "Please note that any pending
deadlines will be extended accordingly." I trust you'll honor the promised extension of deadlines as we work to
resolve this matter.
Regards,
Rob Laughter
[Quoted text hi dden]
Rob Laughter <[email protected]> Mon, Aug 26, 2013 at 4:06 PM
To: License Compliance <[email protected]>
Dear Mr. Bieker,
I sent my request on Friday afternoon in response to yours. I requested proof of your ownership of these images
and pointed out to you the automatic response I've received which indicates that the deadlines you set will be
extended accordingly.
Today is the 26th. I have neither received the documentation that I've requested or received an acknowledgment
of an extension of the deadline.
Please advise if you'll be providing the documentation I've requested so that I can settle this matter accordingly.
Regards,
Rob Laughter
[Quoted text hi dden]
License Compliance <[email protected]> Tue, Aug 27, 2013 at 10:34 AM
To: Rob Laughter <[email protected]>, License Compliance <[email protected]>
Cc: "[email protected]" <[email protected]>
FOR SETTLEMENT PURPOSES ONLY
RE: 1386498 - Stacy Perkins, LCPC Ltd.
Dear Rob Laughter,
While we appreciate that you may be unhappy that your client has been identified as an infringer, Getty Images
has acted appropriately and in good faith in pursuing the unauthorized use of our intellectual property. Use of
intellectual property without the appropriate permissions is considered a violation of U.S. Copyright Law. This is a
settlement demand is for copyright infringement and is a serious matter. We are in the business of licensing
images and protecting our photographers and artists from copyright infringement. Protecting the rights of our
photographers is an important priority for us. Royalties are our artists’ livelihood, when companies take our
imagery without licenses we put our artists, our company and our other clients at jeopardy. It is unfortunate that
you interpret our legal and legitimate pursuit of compensation for the unauthorized use of our represented
photographers work to be extortion. As you can understand, our effort in policing is to protect the intellectual
property of our represented photographers, preserving the value of their work that we've been entrusted to
maintain and protect.
My suggestion at this point would be for you to review our claim with an attorney who is familiar with copyright
law. Getty Images has made the decision to work directly with your client moving forward. Thank you for your
time to date.
Best regards,
D. Bieker
Copyright Compliance Specialist
Getty Images
[email protected]
Getty Images Headquarters
605 5th Avenue S., Suite 400
Seattle, WA 98104 USA
Direct 206.925.7622
Toll Free: 800.972.4170 ext 7622
Fax: 206.925.5001
For more information about the Getty Images License Compliance Program, please visit
http://company.gettyimages.com/license-compliance
_____
©2012 Getty Images, Inc.
PRIVILEGED AND CONFIDENTIAL
This message may contain privileged or confidential information and is intended only for the individual named. If
you are not the named addressee or an employee or agent responsible for delivering this message to the
intended recipient you should not disseminate, distribute or copy this e-mail or any attachments hereto. Please
notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail and any
attachments from your system without copying or disclosing the contents. E-mail transmission cannot be
guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or
incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the
contents of this message, which arise as a result of e-mail transmission. If verification is required please request
a hard-copy version. Getty Images, 605 5th Avenue S., Suite 400, Seattle, WA. 98104, USA,
www.gettyimages.com. PLEASE NOTE that all incoming e-mails will be automatically scanned by us and by an
external service provider to eliminate unsolicited promotional e-mails ("spam"). This could result in deletion of a
legitimate e-mail before it is read by its intended recipient at our firm. Please tell us if you have concerns about
this automatic filtering.
From: Rob Laughter [mailto:[email protected]]
Sent: Friday, August 23, 2013 10:44 AM
[Quoted text hi dden]
[Quoted text hi dden]
