WA State AG Complaint - 94
Content
Catalyst Complaint Cover Page
415091
Complaint
Number 415091 Date 8/23/2012 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Richl, Shirley $0.00 $1,760.00 $0.00
Location Vancouver - Consumer Protection Division NAICS 541620-Legal Services- All other legal services
Complainant
Name Anna L Moo 330 SW 165th St Newberry, FL 32669 Phone Day (352) 472-6223 Phone Evening Email [email protected]
Respondent(s)
Name McCormack Intellectual Property Law 617 Lee St Seattle, WA 98109 Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 Contact Phone (206) 381-8888 Toll Free Email legal@mccormackl egal.com
(206) 925-6753
copyright.complianc [email protected]
Referral(s)
Name Contact Phone Contact Phone Email
Practice(s)
Code 019 647 Practice Inadequate Disclosure Duty to comply with laws & codes
Activities
415091
1 of 2
Date Added 8/23/2012
Activity Type Email to Respondent
Activity R First Letter to Respondent To: [email protected]; [email protected] C First Letter to Consumer To: [email protected] R Second Letter to Respondent To: [email protected]; [email protected] C Second Letter to Complainant To: [email protected] Response from respondent Getty Images. I sent 21 days too early. Csup Closing Unadjusted To: [email protected] Csup Closing Unadjusted To: [email protected] Rsup Closing No Adjustment To: [email protected]
8/23/2012 9/13/2012
Email to Complainant Email to Respondent
9/13/2012 9/13/2012 9/20/2012 9/20/2012 9/20/2012 9/20/2012 9/24/2012 9/24/2012
Email to Complainant Email from Respondent Email from Respondent Email from Respondent Email to Complainant Resolution-UNADJUSTED Email to Complainant Email to Respondent
415091
2 of 2
617 Lee St treet Seattle, WA A 98109 USA p.206-381-8888/f.206.381 1.1988 tim@McC CormackLegal.co om
Timothy y B. McCorm mack
Attorney y at Law
September 20, 2012
Via US Mail M & Emai il Shirley Richl R Complain nt Analyst Attorney y General of Washington n Consume er Protection n Division 1220 Ma ain Street, Su uite 549 Vancouv ver, WA 98660 Tel: (360 0) 759-2152 Email: VanCRC@atg V g.wa.gov Re: Anna A Moo Your File Numbe er: 415091 Our Case C Numbe er: 1060369 9 Dear Ms. Richl: We W are in rec ceipt of the complaint c filed by Anna Moo that yo ou forwarded d to us on Au ugust 23, 2012 2. Our firm m acts as outside legal l counsel to o Getty Im mages in pu ursuing copy yright infringem ment claims. As Getty y Images sta ated in thei ir response to this mat tter, they ar re the worldwid de leader in the stock ph hotography industry i and d the exclusive licensor of the image ery at issue. Ge etty Images is within its s rights to pu ursue claims s of copyrig ght infringem ment on beha alf of the photo ographer of the image, who does receive r his a applicable ro oyalties from m any settle ement reached in i this matter. In n April and June J of 2011 1 Getty Imag ges contacte ed Ms. Moo r regarding th he display of f their catalog im mage number 305491-0 002 on her website w with hout proof of f a valid lice ense for that t use. Included in those lett ters was a re equest to cea ase and desi ist use of the e image on t the website and a nt offer base ed on the actu ual damages s incurred as s a result of t the use. This s case was se ent to settlemen our offic ce for further r handling because b Ms. Moo and G Getty Images were unab ble to resolv ve the
Septembe er 20, 2012 Page 2
matter in nternally. Our office sen nt Ms. Moo a letter on J July 9, 2012 2 informing her that we were now actin ng as legal counsel c for Getty G Image es and again offered to s settle this ma atter. Ms. M Moo’s copy. substanti ive response e followed on o August 8, 8 2012 by letter, of w which you al lso have a c Enclosed d are enlarged screenshot ts of the use for your rev view. Copyright C in nfringement, a federal claim, is a strict liab bility tort. Actual dam mages recoverab ble under co opyright law w include tho ose damages s sustained b by the injure ed party, su uch as lost licen nsing fees. Fair use is a narrowly construed c defense d to co opyright inf fringement. Fair use i is the o much legal debate an nd volumes of case law w. Fair use r requires the analysis of f four subject of factors, all a of which favor Getty y Images’ co opyright infr ringement cl laim in this m matter. The e four fair use factors f to an nalyze are: (1) the purpo ose and char racter of the use, includi ing whether r such use is of f a commerc cial nature or o is for no onprofit educ cational pur rposes; (2) t the nature o of the copyrigh hted work; (3) ( the amo ount and su ubstantiality of the port tion used in n relation to o the value copyrigh hted work as a whole; an nd (4) the eff fect of the us se upon the potential ma arket for or v of the cop pyrighted work. 17 U.S. .C. §107. Under U the fir rst factor, Ms. M Moo wa as displaying g the image as a design n element on n her sical enterta commerc cial website promoting sale s of her CDs C and mus ainment serv vices. Second d, the image is a creative image, i which h guarantees s it more pr rotection tha an a factual w work. Third d, Ms. ed the entire e image, the e entire cop pyrighted wo ork. Finally y, Ms. Moo’ ’s use has h had a Moo use detrimen ntal effect on n Getty Imag ges’ market because sh he has not pa aid for the u use in a situ uation where Ge etty Images would charg ge for the us se. Based on n the above analysis, Ms. Moo’s fai ir use defense fails. f McCormack M Intellectual Property La aw PS and G Getty Images s maintain th hat Getty Im mages’ copyrigh ht infringeme ent claim ag gainst Ms. Moo M is valid d. Both entit ties have act ted appropri iately and in go ood faith in pursuing th he unauthori ized use of Getty Image es’ intellectu ual property y. We remain in nterested in negotiating n a reasonable e settlement o of this matte er. Should you re equire any additional a inf formation ab bout this ma atter, please do not hesita ate to u contact us. Sincerely,
Enclosur re
Timothy B B. McCormac ck tim@mcco ormacklegal.com
415091
Complaint
Number 415091 Date 8/23/2012 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Richl, Shirley $0.00 $1,760.00 $0.00
Location Vancouver - Consumer Protection Division NAICS 541620-Legal Services- All other legal services
Complainant
Name Anna L Moo 330 SW 165th St Newberry, FL 32669 Phone Day (352) 472-6223 Phone Evening Email [email protected]
Respondent(s)
Name McCormack Intellectual Property Law 617 Lee St Seattle, WA 98109 Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 Contact Phone (206) 381-8888 Toll Free Email legal@mccormackl egal.com
(206) 925-6753
copyright.complianc [email protected]
Referral(s)
Name Contact Phone Contact Phone Email
Practice(s)
Code 019 647 Practice Inadequate Disclosure Duty to comply with laws & codes
Activities
415091
1 of 2
Date Added 8/23/2012
Activity Type Email to Respondent
Activity R First Letter to Respondent To: [email protected]; [email protected] C First Letter to Consumer To: [email protected] R Second Letter to Respondent To: [email protected]; [email protected] C Second Letter to Complainant To: [email protected] Response from respondent Getty Images. I sent 21 days too early. Csup Closing Unadjusted To: [email protected] Csup Closing Unadjusted To: [email protected] Rsup Closing No Adjustment To: [email protected]
8/23/2012 9/13/2012
Email to Complainant Email to Respondent
9/13/2012 9/13/2012 9/20/2012 9/20/2012 9/20/2012 9/20/2012 9/24/2012 9/24/2012
Email to Complainant Email from Respondent Email from Respondent Email from Respondent Email to Complainant Resolution-UNADJUSTED Email to Complainant Email to Respondent
415091
2 of 2
617 Lee St treet Seattle, WA A 98109 USA p.206-381-8888/f.206.381 1.1988 tim@McC CormackLegal.co om
Timothy y B. McCorm mack
Attorney y at Law
September 20, 2012
Via US Mail M & Emai il Shirley Richl R Complain nt Analyst Attorney y General of Washington n Consume er Protection n Division 1220 Ma ain Street, Su uite 549 Vancouv ver, WA 98660 Tel: (360 0) 759-2152 Email: VanCRC@atg V g.wa.gov Re: Anna A Moo Your File Numbe er: 415091 Our Case C Numbe er: 1060369 9 Dear Ms. Richl: We W are in rec ceipt of the complaint c filed by Anna Moo that yo ou forwarded d to us on Au ugust 23, 2012 2. Our firm m acts as outside legal l counsel to o Getty Im mages in pu ursuing copy yright infringem ment claims. As Getty y Images sta ated in thei ir response to this mat tter, they ar re the worldwid de leader in the stock ph hotography industry i and d the exclusive licensor of the image ery at issue. Ge etty Images is within its s rights to pu ursue claims s of copyrig ght infringem ment on beha alf of the photo ographer of the image, who does receive r his a applicable ro oyalties from m any settle ement reached in i this matter. In n April and June J of 2011 1 Getty Imag ges contacte ed Ms. Moo r regarding th he display of f their catalog im mage number 305491-0 002 on her website w with hout proof of f a valid lice ense for that t use. Included in those lett ters was a re equest to cea ase and desi ist use of the e image on t the website and a nt offer base ed on the actu ual damages s incurred as s a result of t the use. This s case was se ent to settlemen our offic ce for further r handling because b Ms. Moo and G Getty Images were unab ble to resolv ve the
Septembe er 20, 2012 Page 2
matter in nternally. Our office sen nt Ms. Moo a letter on J July 9, 2012 2 informing her that we were now actin ng as legal counsel c for Getty G Image es and again offered to s settle this ma atter. Ms. M Moo’s copy. substanti ive response e followed on o August 8, 8 2012 by letter, of w which you al lso have a c Enclosed d are enlarged screenshot ts of the use for your rev view. Copyright C in nfringement, a federal claim, is a strict liab bility tort. Actual dam mages recoverab ble under co opyright law w include tho ose damages s sustained b by the injure ed party, su uch as lost licen nsing fees. Fair use is a narrowly construed c defense d to co opyright inf fringement. Fair use i is the o much legal debate an nd volumes of case law w. Fair use r requires the analysis of f four subject of factors, all a of which favor Getty y Images’ co opyright infr ringement cl laim in this m matter. The e four fair use factors f to an nalyze are: (1) the purpo ose and char racter of the use, includi ing whether r such use is of f a commerc cial nature or o is for no onprofit educ cational pur rposes; (2) t the nature o of the copyrigh hted work; (3) ( the amo ount and su ubstantiality of the port tion used in n relation to o the value copyrigh hted work as a whole; an nd (4) the eff fect of the us se upon the potential ma arket for or v of the cop pyrighted work. 17 U.S. .C. §107. Under U the fir rst factor, Ms. M Moo wa as displaying g the image as a design n element on n her sical enterta commerc cial website promoting sale s of her CDs C and mus ainment serv vices. Second d, the image is a creative image, i which h guarantees s it more pr rotection tha an a factual w work. Third d, Ms. ed the entire e image, the e entire cop pyrighted wo ork. Finally y, Ms. Moo’ ’s use has h had a Moo use detrimen ntal effect on n Getty Imag ges’ market because sh he has not pa aid for the u use in a situ uation where Ge etty Images would charg ge for the us se. Based on n the above analysis, Ms. Moo’s fai ir use defense fails. f McCormack M Intellectual Property La aw PS and G Getty Images s maintain th hat Getty Im mages’ copyrigh ht infringeme ent claim ag gainst Ms. Moo M is valid d. Both entit ties have act ted appropri iately and in go ood faith in pursuing th he unauthori ized use of Getty Image es’ intellectu ual property y. We remain in nterested in negotiating n a reasonable e settlement o of this matte er. Should you re equire any additional a inf formation ab bout this ma atter, please do not hesita ate to u contact us. Sincerely,
Enclosur re
Timothy B B. McCormac ck tim@mcco ormacklegal.com
