Complaint: ***I am rejecting this response because: Getty has not provided any proof that they own these imagesI still stand by my claim that they are trying to extort money from small companies and individuals The definition of extortion is- oppressive or illegal exaction, as of excessive price or interestThe proof is their excessive prices for images that they will not show legal proof of ownership They state that they don't watermarkes their images and I say that is because they plant them on free websites Getty Images claims to act appropriately but there are thousands of complaints online against themAll the complaint situations are them same as mineGetty is not the victim here it is anyone who comes in contact with them.Sincerely,*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Sincerely,
*** ***
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recentlyPlease be aware that the complainant has erroneouslyidentified Getty Images as the sender of the letter at issueTherefore we ask that this matter against Getty Images be closedRegards,Getty
Images - Copyright Compliance*** *** *** *** ***Seattle, WA 98104** *** *** ** *** ***@gettyimages.comwww.gettyimages.com
We are in receipt of the complaint that you most recently forwarded to us. We appreciate the opportunity to respond to this matterBy way of introduction, License Compliance Services, Inc(“LCS”), is a Delaware corporation that provides copyright compliance services to third party content
owners. Its principal place of business is at 5th Ave#4200, Seattle, WA 98104. On behalf of third party copyright owners, LCS uses both employees and digital image recognition software to locate commercial entities that have used its client’s imagery without paying a license fee. LCS has acted in good faith in pursuing the unauthorized use of its client’s intellectual property. However, in this instance, LCS has made the determination to close the matter. Should you require any additional information about this matter, please do not hesitate to contact us.Regards,License Compliance Services, Inc.Telphone: Email: [email protected]: Fifth Avenue, Suite 4200, Seattle, WA
Complaint: ***I am rejecting this response because: Getty refuses to provide proof of ownershipConfidentiality should not apply if they truly owned the copyright when the disputed image was usedAsking for proof of ownership is not an unreasonable request. Sincerely,*** ***
Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
I have tried several times to contact eStock Photos and always get a message and I leave a message and there is never a call back. Curious, does eStock know how much you are charging me? I read on your site that most of the money goes to pay your staff who searches for illegal use of images.Sincerely, *** ***
We are in receipt of the complaint that you recently forwarded to us. We appreciate the opportunity to respond to this matter
By way of introduction, License Compliance Services, Inc(“LCS”), is a Delaware corporation that provides copyright compliance services to third party content
owners. Its principal place of business is at 5th Ave#4200, Seattle, WA 98104. On behalf of third party copyright owners, LCS uses both employees and digital image recognition software to locate entities that have used its client’s imagery without paying a license fee.
In this case, LCS identified the unauthorized use by the Complainant of content that is represented by Design Pics, IncLCS was retained by Design Pics to assist it with searching for potential unauthorized uses of its images. LCS had authority from Design Pics who had authorization from the copyright owner, to inquire as to whether this use was authorized and, if it was not, to pursue compensation for the infringing use
LCS sent the Complainant a letter with notification that it had found use of Design Pics' imagery on its website that Design Pics had been unable to locate a license for; and provided a link to a screenshot of the image in use on the Complainant’s websiteLCS has acted appropriately and in good faith
We are pleased to report that the matter has been resolved and we have closed the case. Should you require any additional information about this matter, please do not hesitate to contact us
Regards,
License Compliance Services, Inc.Telephone: Email: [email protected]: Fifth Avenue, Suite 4200, Seattle, WA
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to Agence France-Presse, in whose name the copyright notice was delivered, not Getty Images or License Compliance
Services. Please feel free to contact Agence France-Presse directly per the following contact details:
*** *** * ***@afp.com
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
Fifth Avenue South, Suite
Seattle, WA
T: (206) 925-
F: (206) 925- [email protected]
www.gettyimages.com
Complaint: ***I am rejecting this response because:
When I called License Compliance Services the phone number on billing they answer with their name. They never told me they did not send billBut they did tell me I owe them money. They have also since then sent us an email to remit payment online at *** * don't understand how they can claim they have no knowledge.
Thank you for your help!
*** ***
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to Agence France-Presse, in whose name the copyright notice was delivered, not Getty Images or License Compliance Services.
Please feel free to contact Agence France-Presse directly per the following contact details:
*** *** ***@afp.com
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
Fifth Avenue South, Suite
Seattle, WA
T: (206) 925-
F: (206) 925- [email protected]
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., Fifth AveS., Ste400, Seattle, WA 98104, USA, www.gettyimages.com
Complaint: ***I am rejecting this response because: We are rejecting this response As you can see from the attached E-mail, LCS directly sent our company an E-mail asking for payment As previously explained, when we typed LCS into the Revdex.com site it came up as dba Getty Images We are asking for an immediate voiding of this attempt to collect Sincerely,*** ***
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to Image Source, in whose name the copyright notice was delivered, not Getty Images or License Compliance Services. Please
feel free to contact Image Source directly per the following contact details:
Hannah Z*** [***@imagesource.com]
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
Complaint: ***I am rejecting this response because: I still feel the allegations against me are unjust! I paid $to GettyImages to settle this complaint that was nothing I did wrong! Getty Images is a very large company and I feel they used their power to force me into paying a settlement fee or go to court! Lets say a man stole some hot dogs and sold them at his hot dog stand, you buy one and later you are fined for eating a stolen hot dog that you did not know was stolen! I feel Getty Images knows they did wrong by me! Yet to settle the deal Getty Images wanted over dollarsI gave in and submitted a check for something I did not have any knowledge in! I would like Getty Images to acknowledge their wrong doing and refund the $I paid with great regret! Sincerely,*** ***
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to GALLERY STOCK, in whose name the copyright notice was delivered, not Getty Images or License Compliance Services. Please
feel free to contact GALLERY STOCK directly per the following contact details:
Ilana S*** [[email protected]]
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
*** *** *** *** *** ***
Seattle, WA
T: (206) 925-
F: (206) 925- [email protected]
www.gettyimages.com
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to eStock, in whose name the copyright notice was delivered, not Getty Images or License Compliance Services. Please feel free
to contact eStock directly per the following contact details:
Luz J*** - ***@estockphoto.com
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to TRUNK ARCHIVE, in whose name the copyright notice was delivered, not License Compliance Services. Please feel free
to contact TRUNK ARCHIVE directly per the following contact details:
Ilana S*** [**@trunkarchive.com]
We ask that this matter against License Compliance Services be closed
Regards,
License Compliance Services, Inc
Telphone: Email: [email protected]
Address:*** *** *** *** *** Seattle, WA
We are in receipt of the complaint that you most recently forwarded to us. We appreciate the opportunity to respond to this matter. By way of introduction, License Compliance Services, Inc(“LCS”), is a Delaware corporation that provides copyright compliance services to third party
content owners. Its principal place of business is at . On behalf of third party copyright owners, LCS uses both employees and digital image recognition software to locate entities that have used its client’s imagery without paying a license fee. In this case, LCS identified the unauthorized use by the Complainant of content that is represented by Magnum Photos Ltd(“Magnum Photos”). Here, the content at issue is a photograph of *** *** taken by *** H*** in (“*** Image”). LCS was retained by Magnum Photos to assist it with searching for potential unauthorized uses of its images, including the *** Image. LCS had authority from Magnum Photos, who had authorization from the copyright owner of the *** Image, to inquire as to whether the Complainant’s use was authorized and, if it was not, to pursue compensation for the infringing use. In this instance, the Complainant placed the *** Image on its website alongside a photograph of John Malkovich taken by Sandro M*** (“Malkovich Image”). Magnum is not claiming to be the legal representative of the Malkovich Image or the “composite image” including both the *** Image and the Malkovich Image, nor is LCS, on behalf of Magnum, seeking payment for the unauthorized usage of the Malkovich Image or the “composite image.” LCS sent the Complainant a letter with notification that it had found use of Magnum Photos’ imagery (specifically, the *** Image) on its website; that Magnum Photos 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. LCS included an internal case reference number and provided proof of use, showing the image and associated data, along with a link to a screenshot of the image in use on the Complainant’s website. The unauthorized use fee is in line with what Magnum Photos would typically charge for a license under these circumstancesLCS was simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery properly in the first place. Communications from LCS are clear on that point. Even if the Complainant has removed Magnum Photos’ imagery from its website, removal alone does not resolve this matterMagnum Photos’ imagery is protected by copyright. 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. The Complainant’s use of this image without a license constitutes copyright infringement, for which Magnum Photos is entitled to seek damages, and it is simply doing so through LCS. With respect to the claim made by the Complainant that an LCS representative stated the Complainant owed LCS $for use of the imagery, LCS has no record of that communication. To be clear, LCS is seeking $from the Complainant, which is in line with what Magnum Photos would typically charge for a license for the *** Image under these circumstances. As for the information the Complainant has asked LCS to provide regarding copyright registration, valuation, sales data, and costs, LCS received the Complainant’s correspondence requesting that information on April 18, 2017. On May 2, 2017, LCS responded to the Complainant’s correspondence and provided detailed answers to the Complainant’s questions. A copy of LCS response is attached. In sum, LCS has acted appropriately and in good faith, and it is well within its legal rights to seek damages for the Complainant’s unauthorized use of the *** Image on behalf of Magnum Photos. We ask that this matter against License Compliance Services be closed Regards, License Compliance Services, Inc.Telephone: Email: [email protected]: Fifth Avenue, Suite 4200, Seattle, WA
Complaint: ***I am rejecting this response because:
I am a victim here with no knowledge of wrong doing regarding the subject matter with Getty Images
I am a one man company, making a livingI have no knowledge of web page design or images that were usedI would not have used any of there imagesThe ones responsible is who downloaded the image when building my pageIf, I would have known of wrong doing I would have corrected the issue as soon as possible myself.
I have emailed Getty Images compliant department of an amount offer of $to clear this matterI have not yet got a responseGetty Images made the comment that they fall victim to individuals pirating its property, Getty Images has done nothing but made me feel like a victim!
I feel sorry for Getty Images loss as well as myself to be caught up in this, but the amount Getty Images is trying to obtain from me as a victim is outrageous.
I feel Getty Images combativeness towards me is unacceptable and unjust! Getty Images made the comment that they identified the Complainant as having used unlicensed imagery from their collectionsHow did they identify me when I have never stolen anything personally.
I am in NO way denying that Getty Images didn't find one of their images on my website that was built by an *** *** Company, who is solely responsible for the misuse of the image I have been in contact with Getty Images thru emails as well as phone conversation which I must say was not professional especially with their communication skillsI hope Getty Images comes to realization that they have targeted the wrong person who stole their images.Sincerely,*** ***
Complaint: ***
I am rejecting this response because:As stated in now two letter for the business, we merely used an image created by a photographer that combined the LCS image and his ownThere's no way I could have known that image copyrighted, and even if it were, it would be on the party that created said image and distributed it to over 200,websites.The image in question, as it appears in their license and documentation does not and has not ever been on m site as, again, it's a composite image created by a photographer.In my first letter, I asked that these simple items be obtained to prove ownership of the image and the licenseThese were never provided.We assume that since this is your second attempt to collect on this image, we ask for a second time, that you provide the following information to establish your rights to the picture and to further support your settlement demand amount. • Please provide proof of LCS right to manage the Image. • Please provide proof of proper copyright registration and the chain of title for the Image. • Please provide a clear explanation as to how LCS has determined the valuation of this image as being so far above comparable images. • Please provide sales data for the Image for each size and use. • Please detail your costs incurred related to the pursuit of this case.The next issue is that the amount they are trying to collect has increased 1000% since the first attempt to wrongly collect for an image that was not on my site.This is a link to the original link and image created by the photographerAs you can plainly see, the photographer created this composite image and distributed it to thousands of art and photography blogs.http://i.imgur.com/rFIj2uA.jpg https://www.demilked.com/john-malkovich-homage-to-photographic-masters-sandro-m*...⇄ is strong arm extortion tactic. Here is the letter that was sent on the 16th of April. Thursday, April 16th, 2017License Compliance Services, LLCFifth Avenue, Suite Seattle, WA 98104To Whom It May Concern:Thank you for your letter dated April 11, 2017, notifying *** that the website ***.is (“Website”) may have used an image represented by License Compliance Services Inc(“LCS”), without authorization.If the alleged copyright infringement did take place, be assured that it was entirely innocent and unwillingHowever, until this matter is resolved, and as a good-faith gesture, the potentially infringing image was removed from the website when our site updated in January of Any other locations on our server, including any server backups, have been purged.As a proposed licensing fee does not determine copyright infringement damage awards while admitting no guilt or wrongdoing, we are willing to offer a reasonable settlement based upon the fair market valueAs noted in Davis vGap, Inc., F.3d (2d CirN.Y2001); “[C]ourts have construed “actual damages” by examining the fair market value of a license fee that the copyright owner would have obtained for the infringer’s use of the copyrighted material” “The question is not what the owner would have charged, but rather what is the fair market value.”We have found dozens identical images at hundreds of websitesAll of these images were originally photographed by Sandro M***His work is present on numerous art review sites, all of which do not have a license to display this pictureThe image in question on our site was an automatically generated repost from an art review site.https://www.demilked.com/john-malkovich-homage-to-photographic-masters-sand...⇄ fact, using the search term in Google of “Sandro M*** Malkovich” we were able to find 152,instances of this image being used onlineIn fact, the image of Salvidor *** was originality photographed and credited to Philippe H***The fact that Sando M*** created an image of Salvidor *** and posted their work with your image is unfortunate for you, but the original artist should be held accountable for creating that imageThe image in question on our site was only an automatic repost of an image created by another photographer that combined your image and their’sThe image in question in not directly used on our site and has not been on the site for many months nowOnly the image the photographer created with both his and your image were ever on the siteYou can contact the original artist for any further questions or compensation for damage regarding this matter.We assume that since this is your second attempt to collect on this image, we ask for a second time, that you provide the following information to establish your rights to the picture and to further support your settlement demand amount. • Please provide proof of LCS right to manage the Image. • Please provide proof of proper copyright registration and the chain of title for the Image. • Please provide a clear explanation as to how LCS has determined the valuation of this image as being so far above comparable images. • Please provide sales data for the Image for each size and use. • Please detail your costs incurred related to the pursuit of this case.We will expect and require the above information before proceeding furtherIf you do not have the information above, please stop sending these threatening letters as we will file a harassment suit against LCS and it’s holding company if these letters continueThank you again for notifying us of this alleged infringementWe respect and appreciate the fair and reasonable application of copyright lawSince you have rejected our previous settlement offer to close this matter, please provide the information above so that our legal team can advise us on how to proceed.I still haven't received any type of response and still don't have anything proving they even own a license or what the fair market value of an image like that might be worth after requestsOur legal department thinks this is still and would never hold up in court. We would like to please stop receiving harassing letters from a company with no proven rights to any images whatsoever
Sincerely,
*** ***
Complaint: ***I am rejecting this response because: Getty has not provided any proof that they own these imagesI still stand by my claim that they are trying to extort money from small companies and individuals The definition of extortion is- oppressive or illegal exaction, as of excessive price or interestThe proof is their excessive prices for images that they will not show legal proof of ownership They state that they don't watermarkes their images and I say that is because they plant them on free websites Getty Images claims to act appropriately but there are thousands of complaints online against themAll the complaint situations are them same as mineGetty is not the victim here it is anyone who comes in contact with them.Sincerely,*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Sincerely,
*** ***
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recentlyPlease be aware that the complainant has erroneouslyidentified Getty Images as the sender of the letter at issueTherefore we ask that this matter against Getty Images be closedRegards,Getty
Images - Copyright Compliance*** *** *** *** ***Seattle, WA 98104** *** *** ** *** ***@gettyimages.comwww.gettyimages.com
We are in receipt of the complaint that you most recently forwarded to us. We appreciate the opportunity to respond to this matterBy way of introduction, License Compliance Services, Inc(“LCS”), is a Delaware corporation that provides copyright compliance services to third party content
owners. Its principal place of business is at 5th Ave#4200, Seattle, WA 98104. On behalf of third party copyright owners, LCS uses both employees and digital image recognition software to locate commercial entities that have used its client’s imagery without paying a license fee. LCS has acted in good faith in pursuing the unauthorized use of its client’s intellectual property. However, in this instance, LCS has made the determination to close the matter. Should you require any additional information about this matter, please do not hesitate to contact us.Regards,License Compliance Services, Inc.Telphone: Email: [email protected]: Fifth Avenue, Suite 4200, Seattle, WA
Complaint: ***I am rejecting this response because: Getty refuses to provide proof of ownershipConfidentiality should not apply if they truly owned the copyright when the disputed image was usedAsking for proof of ownership is not an unreasonable request. Sincerely,*** ***
Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
I have tried several times to contact eStock Photos and always get a message and I leave a message and there is never a call back. Curious, does eStock know how much you are charging me? I read on your site that most of the money goes to pay your staff who searches for illegal use of images.Sincerely, *** ***
We are in receipt of the complaint that you recently forwarded to us. We appreciate the opportunity to respond to this matter
By way of introduction, License Compliance Services, Inc(“LCS”), is a Delaware corporation that provides copyright compliance services to third party content
owners. Its principal place of business is at 5th Ave#4200, Seattle, WA 98104. On behalf of third party copyright owners, LCS uses both employees and digital image recognition software to locate entities that have used its client’s imagery without paying a license fee.
In this case, LCS identified the unauthorized use by the Complainant of content that is represented by Design Pics, IncLCS was retained by Design Pics to assist it with searching for potential unauthorized uses of its images. LCS had authority from Design Pics who had authorization from the copyright owner, to inquire as to whether this use was authorized and, if it was not, to pursue compensation for the infringing use
LCS sent the Complainant a letter with notification that it had found use of Design Pics' imagery on its website that Design Pics had been unable to locate a license for; and provided a link to a screenshot of the image in use on the Complainant’s websiteLCS has acted appropriately and in good faith
We are pleased to report that the matter has been resolved and we have closed the case. Should you require any additional information about this matter, please do not hesitate to contact us
Regards,
License Compliance Services, Inc.Telephone: Email: [email protected]: Fifth Avenue, Suite 4200, Seattle, WA
Complaint: ***
I am rejecting this response because:I did not consent to have my name and image publicly displayed and sold.
Sincerely,
*
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to Agence France-Presse, in whose name the copyright notice was delivered, not Getty Images or License Compliance
Services. Please feel free to contact Agence France-Presse directly per the following contact details:
*** *** * ***@afp.com
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
Fifth Avenue South, Suite
Seattle, WA
T: (206) 925-
F: (206) 925-
[email protected]
www.gettyimages.com
Complaint: ***I am rejecting this response because:
When I called License Compliance Services the phone number on billing they answer with their name. They never told me they did not send billBut they did tell me I owe them money. They have also since then sent us an email to remit payment online at *** * don't understand how they can claim they have no knowledge.
Thank you for your help!
*** ***
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to Agence France-Presse, in whose name the copyright notice was delivered, not Getty Images or License Compliance Services.
Please feel free to contact Agence France-Presse directly per the following contact details:
*** *** ***@afp.com
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
Fifth Avenue South, Suite
Seattle, WA
T: (206) 925-
F: (206) 925-
[email protected]
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., Fifth AveS., Ste400, Seattle, WA 98104, USA, www.gettyimages.com
Complaint: ***I am rejecting this response because: We are rejecting this response As you can see from the attached E-mail, LCS directly sent our company an E-mail asking for payment As previously explained, when we typed LCS into the Revdex.com site it came up as dba Getty Images We are asking for an immediate voiding of this attempt to collect Sincerely,*** ***
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to Image Source, in whose name the copyright notice was delivered, not Getty Images or License Compliance Services. Please
feel free to contact Image Source directly per the following contact details:
Hannah Z*** [***@imagesource.com]
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
Complaint: ***I am rejecting this response because: I still feel the allegations against me are unjust! I paid $to GettyImages to settle this complaint that was nothing I did wrong! Getty Images is a very large company and I feel they used their power to force me into paying a settlement fee or go to court! Lets say a man stole some hot dogs and sold them at his hot dog stand, you buy one and later you are fined for eating a stolen hot dog that you did not know was stolen! I feel Getty Images knows they did wrong by me! Yet to settle the deal Getty Images wanted over dollarsI gave in and submitted a check for something I did not have any knowledge in! I would like Getty Images to acknowledge their wrong doing and refund the $I paid with great regret! Sincerely,*** ***
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to GALLERY STOCK, in whose name the copyright notice was delivered, not Getty Images or License Compliance Services. Please
feel free to contact GALLERY STOCK directly per the following contact details:
Ilana S*** [[email protected]]
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
*** *** *** *** *** ***
Seattle, WA
T: (206) 925-
F: (206) 925-
[email protected]
www.gettyimages.com
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to eStock, in whose name the copyright notice was delivered, not Getty Images or License Compliance Services. Please feel free
to contact eStock directly per the following contact details:
Luz J*** - ***@estockphoto.com
We ask that this matter against Getty Images be closed
Regards,
Getty Images - Copyright Compliance
We are in receipt of the complaint regarding the referenced matter that you forwarded to us recently.
Please note that this claim should properly be directed to TRUNK ARCHIVE, in whose name the copyright notice was delivered, not License Compliance Services. Please feel free
to contact TRUNK ARCHIVE directly per the following contact details:
Ilana S*** [**@trunkarchive.com]
We ask that this matter against License Compliance Services be closed
Regards,
License Compliance Services, Inc
Telphone: Email: [email protected]
Address:*** *** *** *** *** Seattle, WA
We are in receipt of the complaint that you most recently forwarded to us. We appreciate the opportunity to respond to this matter. By way of introduction, License Compliance Services, Inc(“LCS”), is a Delaware corporation that provides copyright compliance services to third party
content owners. Its principal place of business is at . On behalf of third party copyright owners, LCS uses both employees and digital image recognition software to locate entities that have used its client’s imagery without paying a license fee. In this case, LCS identified the unauthorized use by the Complainant of content that is represented by Magnum Photos Ltd(“Magnum Photos”). Here, the content at issue is a photograph of *** *** taken by *** H*** in (“*** Image”). LCS was retained by Magnum Photos to assist it with searching for potential unauthorized uses of its images, including the *** Image. LCS had authority from Magnum Photos, who had authorization from the copyright owner of the *** Image, to inquire as to whether the Complainant’s use was authorized and, if it was not, to pursue compensation for the infringing use. In this instance, the Complainant placed the *** Image on its website alongside a photograph of John Malkovich taken by Sandro M*** (“Malkovich Image”). Magnum is not claiming to be the legal representative of the Malkovich Image or the “composite image” including both the *** Image and the Malkovich Image, nor is LCS, on behalf of Magnum, seeking payment for the unauthorized usage of the Malkovich Image or the “composite image.” LCS sent the Complainant a letter with notification that it had found use of Magnum Photos’ imagery (specifically, the *** Image) on its website; that Magnum Photos 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. LCS included an internal case reference number and provided proof of use, showing the image and associated data, along with a link to a screenshot of the image in use on the Complainant’s website. The unauthorized use fee is in line with what Magnum Photos would typically charge for a license under these circumstancesLCS was simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery properly in the first place. Communications from LCS are clear on that point. Even if the Complainant has removed Magnum Photos’ imagery from its website, removal alone does not resolve this matterMagnum Photos’ imagery is protected by copyright. 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. The Complainant’s use of this image without a license constitutes copyright infringement, for which Magnum Photos is entitled to seek damages, and it is simply doing so through LCS. With respect to the claim made by the Complainant that an LCS representative stated the Complainant owed LCS $for use of the imagery, LCS has no record of that communication. To be clear, LCS is seeking $from the Complainant, which is in line with what Magnum Photos would typically charge for a license for the *** Image under these circumstances. As for the information the Complainant has asked LCS to provide regarding copyright registration, valuation, sales data, and costs, LCS received the Complainant’s correspondence requesting that information on April 18, 2017. On May 2, 2017, LCS responded to the Complainant’s correspondence and provided detailed answers to the Complainant’s questions. A copy of LCS response is attached. In sum, LCS has acted appropriately and in good faith, and it is well within its legal rights to seek damages for the Complainant’s unauthorized use of the *** Image on behalf of Magnum Photos. We ask that this matter against License Compliance Services be closed Regards, License Compliance Services, Inc.Telephone: Email: [email protected]: Fifth Avenue, Suite 4200, Seattle, WA
Complaint: ***I am rejecting this response because:
I am a victim here with no knowledge of wrong doing regarding the subject matter with Getty Images
I am a one man company, making a livingI have no knowledge of web page design or images that were usedI would not have used any of there imagesThe ones responsible is who downloaded the image when building my pageIf, I would have known of wrong doing I would have corrected the issue as soon as possible myself.
I have emailed Getty Images compliant department of an amount offer of $to clear this matterI have not yet got a responseGetty Images made the comment that they fall victim to individuals pirating its property, Getty Images has done nothing but made me feel like a victim!
I feel sorry for Getty Images loss as well as myself to be caught up in this, but the amount Getty Images is trying to obtain from me as a victim is outrageous.
I feel Getty Images combativeness towards me is unacceptable and unjust! Getty Images made the comment that they identified the Complainant as having used unlicensed imagery from their collectionsHow did they identify me when I have never stolen anything personally.
I am in NO way denying that Getty Images didn't find one of their images on my website that was built by an *** *** Company, who is solely responsible for the misuse of the image I have been in contact with Getty Images thru emails as well as phone conversation which I must say was not professional especially with their communication skillsI hope Getty Images comes to realization that they have targeted the wrong person who stole their images.Sincerely,*** ***
Complaint: ***
I am rejecting this response because:As stated in now two letter for the business, we merely used an image created by a photographer that combined the LCS image and his ownThere's no way I could have known that image copyrighted, and even if it were, it would be on the party that created said image and distributed it to over 200,websites.The image in question, as it appears in their license and documentation does not and has not ever been on m site as, again, it's a composite image created by a photographer.In my first letter, I asked that these simple items be obtained to prove ownership of the image and the licenseThese were never provided.We assume that since this is your second attempt to collect on this image, we ask for a second time, that you provide the following information to establish your rights to the picture and to further support your settlement demand amount. • Please provide proof of LCS right to manage the Image. • Please provide proof of proper copyright registration and the chain of title for the Image. • Please provide a clear explanation as to how LCS has determined the valuation of this image as being so far above comparable images. • Please provide sales data for the Image for each size and use. • Please detail your costs incurred related to the pursuit of this case.The next issue is that the amount they are trying to collect has increased 1000% since the first attempt to wrongly collect for an image that was not on my site.This is a link to the original link and image created by the photographerAs you can plainly see, the photographer created this composite image and distributed it to thousands of art and photography blogs.http://i.imgur.com/rFIj2uA.jpg https://www.demilked.com/john-malkovich-homage-to-photographic-masters-sandro-m*...⇄ is strong arm extortion tactic. Here is the letter that was sent on the 16th of April. Thursday, April 16th, 2017License Compliance Services, LLCFifth Avenue, Suite Seattle, WA 98104To Whom It May Concern:Thank you for your letter dated April 11, 2017, notifying *** that the website ***.is (“Website”) may have used an image represented by License Compliance Services Inc(“LCS”), without authorization.If the alleged copyright infringement did take place, be assured that it was entirely innocent and unwillingHowever, until this matter is resolved, and as a good-faith gesture, the potentially infringing image was removed from the website when our site updated in January of Any other locations on our server, including any server backups, have been purged.As a proposed licensing fee does not determine copyright infringement damage awards while admitting no guilt or wrongdoing, we are willing to offer a reasonable settlement based upon the fair market valueAs noted in Davis vGap, Inc., F.3d (2d CirN.Y2001); “[C]ourts have construed “actual damages” by examining the fair market value of a license fee that the copyright owner would have obtained for the infringer’s use of the copyrighted material” “The question is not what the owner would have charged, but rather what is the fair market value.”We have found dozens identical images at hundreds of websitesAll of these images were originally photographed by Sandro M***His work is present on numerous art review sites, all of which do not have a license to display this pictureThe image in question on our site was an automatically generated repost from an art review site.https://www.demilked.com/john-malkovich-homage-to-photographic-masters-sand...⇄ fact, using the search term in Google of “Sandro M*** Malkovich” we were able to find 152,instances of this image being used onlineIn fact, the image of Salvidor *** was originality photographed and credited to Philippe H***The fact that Sando M*** created an image of Salvidor *** and posted their work with your image is unfortunate for you, but the original artist should be held accountable for creating that imageThe image in question on our site was only an automatic repost of an image created by another photographer that combined your image and their’sThe image in question in not directly used on our site and has not been on the site for many months nowOnly the image the photographer created with both his and your image were ever on the siteYou can contact the original artist for any further questions or compensation for damage regarding this matter.We assume that since this is your second attempt to collect on this image, we ask for a second time, that you provide the following information to establish your rights to the picture and to further support your settlement demand amount. • Please provide proof of LCS right to manage the Image. • Please provide proof of proper copyright registration and the chain of title for the Image. • Please provide a clear explanation as to how LCS has determined the valuation of this image as being so far above comparable images. • Please provide sales data for the Image for each size and use. • Please detail your costs incurred related to the pursuit of this case.We will expect and require the above information before proceeding furtherIf you do not have the information above, please stop sending these threatening letters as we will file a harassment suit against LCS and it’s holding company if these letters continueThank you again for notifying us of this alleged infringementWe respect and appreciate the fair and reasonable application of copyright lawSince you have rejected our previous settlement offer to close this matter, please provide the information above so that our legal team can advise us on how to proceed.I still haven't received any type of response and still don't have anything proving they even own a license or what the fair market value of an image like that might be worth after requestsOur legal department thinks this is still and would never hold up in court. We would like to please stop receiving harassing letters from a company with no proven rights to any images whatsoever
Sincerely,
*** ***