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 Images’ imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections.
We sent the Complainant notifications that we had found use of our imagery on their website; that we had been unable to locate a license for such use; 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, along with a screenshot of the imagery in use on the Complainant’s website. We asked the Complainant to let us know if they believed they received our letter in error. The unauthorized use fee what we would typically charge for a license under these circumstances. Since receiving the complaint, we have learned that the unauthorized use fees for the images Complainant used totaled $3120, not the $3900 stated in the correspondence Getty Images sent to the complainant. Getty Images has notified the complainant of the revised fee amount.
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. Thus far the Complainant has failed to produce a valid license. The Complainant’s use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required.
Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place.
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://stories.gettyimages.com/category/visual-insights/copyright/ for more on copyright issues. 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.
Complaint: [redacted]I am rejecting this response because Getty refuses to provide date or proof of purchase from the photographer. They also are requesting an extremely large sum for a very short period of time of use for two photos that were listed on a free website. The request for date of their purchase of these two photos is a reasonable request that they refuse to provide
Sincerely,[redacted]
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 Images’ imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections.
We sent the Complainant notifications that we had found use of our imagery on their website; that we had been unable to locate a license for such use; 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, along with a screenshot of the image in use on the Complainant’s website. We asked the Complainant to let us know if they believed they received our letter in error. 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. Thus far the Complainant has failed to produce a valid license. The Complainant’s use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required.
Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place.
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://stories.gettyimages.com/category/visual-insights/copyright/ for more on copyright issues. 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
[redacted]
Seattle, WA 98104
T: (206) 925-5000
F: (206) 925-5001 [email protected]
www.gettyimages.com
We are in receipt of the complaint referenced above that you forwarded to us, but we are unable to identify the matter to which this complaint corresponds. In order for us to appropriately respond, we ask that the complainant please provide either the reference number referenced in our...
initial correspondence or other identifying information, such as the name of the business or web site addresses which relate to this complaint. Thank you for your assistance. Regards,
License Compliance Services, Inc.
Telphone: 1.855.387.8725
Email: [email protected]
Address: [redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Sincerely, [redacted]
We have received the above Complainant’s response to our previous letter summarizing Getty Images’ claim for copyright infringement. We note that the Complainant has not addressed the legal issue of having displayed our imagery without authorization. We have provided screenshots and links showing proof of infringement.
Should the Revdex.com require any additional information about this matter, please do not hesitate to contact us.
Sincerely,
Getty Images – Copyright Compliance
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 Images’ imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections.
We sent the Complainant notifications that we had found use of our imagery on their website; that we had been unable to locate a license for such use; 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, along with a screenshot of the image in use on the Complainant’s website. We asked the Complainant to let us know if they believed they received our letter in error. The unauthorized use fee 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. Thus far the Complainant has failed to produce a valid license. The Complainant’s use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required.
Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place.
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://stories.gettyimages.com/category/visual-insights/copyright/ for more on copyright issues. 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
605 Fifth Avenue South, Suite 400Seattle, WA 98104
T: (206) 925-5000F: (206) [email protected] www.gettyimages.com
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and am providing the information they requested. The case # they requested is: [redacted] (Ref # [redacted])
Sincerely, [redacted]
A copyright automaticallyexists from the moment a photograph is created. The ability to view content viasearch engine results or another internet search does not mean that the contentis not protected by copyright, regardless of the search terms used.For example, a search for “free image” will...
still return copyrighted images. Permissionto use an image cannot be granted through an internet search. Most search engines warn that the contentdisplayed within the search results may be subject to copyright.Watermarks or notices of copyright are not required for animage to receive copyright protection, which is why customers with validlicenses do not have watermarks on their websites. With the image in question,permission was not sought from the copyright holder of the image to use thisphotograph. Using the image in questionon your website without a valid license means that AGIS Insurance Center, Inc. are using the image for unauthorized use. Settlement amounts are based on the fair market value ofa license, taking into consideration usage, size, placement, and territory. Thesettlement amount is calculated by taking the average cost of licensing, plusthe costs incurred in the pursuit of the unlicensed use. Using the image without a license ultimately costs more than properly licensing the imagebefore use. $35.00 is not a fair price for rights managed imagery.Rights Managed" images, such as the imagein question generally average several hundred pounds/dollarsto license. These images are exclusive to and cannot be obtained via other channels suchas royalty free providers. Therefore, the licensing costs elsewhere are irrelevant.We have never sent an invoice but the demand letter serves as request for payment and reflects $495.00 as the fee was reduced from $660.00 to 495.00 a 25% discount in an effort to settle this matter amicably.Under the US federal copyright act we are not required to give warnings whe our represented artist work is infringed upon.We do not assume this to be a matter of willfulinfringement; however, in the absence of a valid licensefor the use of our imagery on any given public website, users of ourimagery under those conditions are infringing on the copyright of ourrepresented photographers, many of whom are small business owners themselvesand rely on our efforts for their income. We will continue to pursue matters ofinfringement in the course of our business. We stand to protect ourintegrity as a company that represents many individuals who depend on us fortheir income and to ensure that they get paid royalties for the use of theirwork. We do not bring frivolous and meritlessclaims to companies with respect to unauthorized use of our represented images
Complaint: [redacted]
I am rejecting this response because: While I agree that we accidently, unknowingly, and inadvertently used an image that was copywritten by Getty Images, the issue we have, and it is a broadly documented issue, is the amount they proposed to charge. It was extortionary, and a tactic used by Getty to bully individuals and small companies. No one in their right mind would pay that much money for a single picture ahead of time, when thousands of images are available for less than a dollar. It is a great money making tactic, no question, and while not illegal, is of such a unethical magnitude as to be ridiculous.
Sincerely,
[redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Sincerely, [redacted]
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 commercial entities that have used Getty Images’ imagery without paying a license fee. We recently identified the Complainant as a commercial entity having used unlicensed imagery from our collections. We sent the Complainant notifications that we had found use of our imagery on their website; that we had been unable to locate a license for such use; 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, along with a screenshot of the image in use on the Complainant’s website. We asked the Complainant to let us know if they believed they received our letter in error. The unauthorized use fee what we would typically charge for a license under these circumstances. The Complainant claims that he received the image from Vistaprint’s image gallery, however we have spoken with a Vistaprint representative who assured us that Vistaprint has no record of ever having the image at issue in its image library. Even though 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. Thus far the Complainant has failed to produce a valid license. The Complainant’s use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required. Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place. 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://stories.gettyimages.com/category/visual-insights/copyright/ for more on copyright issues. 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 Compliance605 Fifth Avenue South, Suite 400Seattle, WA 98104 T: (206) 925-5000F: (206) [email protected] www.gettyimages.com
Complaint: [redacted]
I am rejecting this response because: the company still has not provided any of the information that has been requested in order to validate their claim or the amount they are asking. Having researched the business it appears their practices do boarderline on the practice of extortion. The company wants money and wants to threaten leagal action but doesn't work daily with the companies they target in handling the manor. I have given my demands to the company and have not received any of the items requested in order to assist in this matter being handled. Being the business has refused this information and has now sent me to legal thief law office knows my requests.
Sincerely,
[redacted]
We are in receipt of the complaint referenced above that you forwarded to us, but we are unable to identify the matter to which this complaint corresponds. In order for us to appropriately respond, we ask that the complainant please provide either the reference number referenced in our...
initial correspondence or other identifying information, such as the name of the business or web site addresses which relate to this complaint. Thank you for your assistance.
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 Images’ imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections.
We sent the Complainant notifications that we had found use of our imagery on their website; that we had been unable to locate a license for such use; 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, along with a screenshot of the imagery in use on the Complainant’s website. We asked the Complainant to let us know if they believed they received our letter in error. The unauthorized use fee what we would typically charge for a license under these circumstances. Since receiving the complaint, we have learned that the unauthorized use fees for the images Complainant used totaled $3120, not the $3900 stated in the correspondence Getty Images sent to the complainant. Getty Images has notified the complainant of the revised fee amount.
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. Thus far the Complainant has failed to produce a valid license. The Complainant’s use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required.
Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place.
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://stories.gettyimages.com/category/visual-insights/copyright/ for more on copyright issues. 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
Complaint: [redacted]I am rejecting this response because Getty refuses to provide date or proof of purchase from the photographer. They also are requesting an extremely large sum for a very short period of time of use for two photos that were listed on a free website. The request for date of their purchase of these two photos is a reasonable request that they refuse to provide
Sincerely,[redacted]
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 Images’ imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections.
We sent the Complainant notifications that we had found use of our imagery on their website; that we had been unable to locate a license for such use; 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, along with a screenshot of the image in use on the Complainant’s website. We asked the Complainant to let us know if they believed they received our letter in error. 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. Thus far the Complainant has failed to produce a valid license. The Complainant’s use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required.
Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place.
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://stories.gettyimages.com/category/visual-insights/copyright/ for more on copyright issues. 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
[redacted]
Seattle, WA 98104
T: (206) 925-5000
F: (206) 925-5001
[email protected]
www.gettyimages.com
We are in receipt of the complaint referenced above that you forwarded to us, but we are unable to identify the matter to which this complaint corresponds. In order for us to appropriately respond, we ask that the complainant please provide either the reference number referenced in our...
initial correspondence or other identifying information, such as the name of the business or web site addresses which relate to this complaint. Thank you for your assistance. Regards,
License Compliance Services, Inc.
Telphone: 1.855.387.8725
Email: [email protected]
Address: [redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Sincerely, [redacted]
We have received the above Complainant’s response to our previous letter summarizing Getty Images’ claim for copyright infringement. We note that the Complainant has not addressed the legal issue of having displayed our imagery without authorization. We have provided screenshots and links showing proof of infringement.
Should the Revdex.com require any additional information about this matter, please do not hesitate to contact us.
Sincerely,
Getty Images – Copyright Compliance
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 Images’ imagery without paying a license fee. We recently identified the Complainant as having used unlicensed imagery from our collections.
We sent the Complainant notifications that we had found use of our imagery on their website; that we had been unable to locate a license for such use; 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, along with a screenshot of the image in use on the Complainant’s website. We asked the Complainant to let us know if they believed they received our letter in error. The unauthorized use fee 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. Thus far the Complainant has failed to produce a valid license. The Complainant’s use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required.
Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place.
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://stories.gettyimages.com/category/visual-insights/copyright/ for more on copyright issues. 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
605 Fifth Avenue South, Suite 400Seattle, WA 98104
T: (206) 925-5000F: (206) [email protected] www.gettyimages.com
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and am providing the information they requested. The case # they requested is: [redacted] (Ref # [redacted])
Sincerely, [redacted]
A copyright automaticallyexists from the moment a photograph is created. The ability to view content viasearch engine results or another internet search does not mean that the contentis not protected by copyright, regardless of the search terms used.For example, a search for “free image” will...
still return copyrighted images. Permissionto use an image cannot be granted through an internet search. Most search engines warn that the contentdisplayed within the search results may be subject to copyright.Watermarks or notices of copyright are not required for animage to receive copyright protection, which is why customers with validlicenses do not have watermarks on their websites. With the image in question,permission was not sought from the copyright holder of the image to use thisphotograph. Using the image in questionon your website without a valid license means that AGIS Insurance Center, Inc. are using the image for unauthorized use. Settlement amounts are based on the fair market value ofa license, taking into consideration usage, size, placement, and territory. Thesettlement amount is calculated by taking the average cost of licensing, plusthe costs incurred in the pursuit of the unlicensed use. Using the image without a license ultimately costs more than properly licensing the imagebefore use. $35.00 is not a fair price for rights managed imagery.Rights Managed" images, such as the imagein question generally average several hundred pounds/dollarsto license. These images are exclusive to and cannot be obtained via other channels suchas royalty free providers. Therefore, the licensing costs elsewhere are irrelevant.We have never sent an invoice but the demand letter serves as request for payment and reflects $495.00 as the fee was reduced from $660.00 to 495.00 a 25% discount in an effort to settle this matter amicably.Under the US federal copyright act we are not required to give warnings whe our represented artist work is infringed upon.We do not assume this to be a matter of willfulinfringement; however, in the absence of a valid licensefor the use of our imagery on any given public website, users of ourimagery under those conditions are infringing on the copyright of ourrepresented photographers, many of whom are small business owners themselvesand rely on our efforts for their income. We will continue to pursue matters ofinfringement in the course of our business. We stand to protect ourintegrity as a company that represents many individuals who depend on us fortheir income and to ensure that they get paid royalties for the use of theirwork. We do not bring frivolous and meritlessclaims to companies with respect to unauthorized use of our represented images
Again we are looking for proof that you own that image which you have declined giving to us in previous email correspondence.
Complaint: [redacted]I am rejecting this response because:Sincerely,[redacted]
Complaint: [redacted]
I am rejecting this response because: While I agree that we accidently, unknowingly, and inadvertently used an image that was copywritten by Getty Images, the issue we have, and it is a broadly documented issue, is the amount they proposed to charge. It was extortionary, and a tactic used by Getty to bully individuals and small companies. No one in their right mind would pay that much money for a single picture ahead of time, when thousands of images are available for less than a dollar. It is a great money making tactic, no question, and while not illegal, is of such a unethical magnitude as to be ridiculous.
Sincerely,
[redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Sincerely, [redacted]
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 commercial entities that have used Getty Images’ imagery without paying a license fee. We recently identified the Complainant as a commercial entity having used unlicensed imagery from our collections. We sent the Complainant notifications that we had found use of our imagery on their website; that we had been unable to locate a license for such use; 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, along with a screenshot of the image in use on the Complainant’s website. We asked the Complainant to let us know if they believed they received our letter in error. The unauthorized use fee what we would typically charge for a license under these circumstances. The Complainant claims that he received the image from Vistaprint’s image gallery, however we have spoken with a Vistaprint representative who assured us that Vistaprint has no record of ever having the image at issue in its image library. Even though 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. Thus far the Complainant has failed to produce a valid license. The Complainant’s use of our imagery without a license constitutes copyright infringement, for which we are entitled to seek damages. Copyright infringement is based on strict liability, meaning that the act itself establishes liability and no intent is required. Please note that we are not alleging that the Complainant owes a debt; we are alleging that the Complainant used intellectual property without authorization and therefore is liable for damages. We are simply asking the Complainant to pay for the imagery that the Complainant used and the damage caused by not licensing the imagery in the first place. 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://stories.gettyimages.com/category/visual-insights/copyright/ for more on copyright issues. 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 Compliance605 Fifth Avenue South, Suite 400Seattle, WA 98104 T: (206) 925-5000F: (206) [email protected] www.gettyimages.com
Complaint: [redacted]
I am rejecting this response because: the company still has not provided any of the information that has been requested in order to validate their claim or the amount they are asking. Having researched the business it appears their practices do boarderline on the practice of extortion. The company wants money and wants to threaten leagal action but doesn't work daily with the companies they target in handling the manor. I have given my demands to the company and have not received any of the items requested in order to assist in this matter being handled. Being the business has refused this information and has now sent me to legal thief law office knows my requests.
Sincerely,
[redacted]
We are in receipt of the complaint referenced above that you forwarded to us, but we are unable to identify the matter to which this complaint corresponds. In order for us to appropriately respond, we ask that the complainant please provide either the reference number referenced in our...
initial correspondence or other identifying information, such as the name of the business or web site addresses which relate to this complaint. Thank you for your assistance.
Regards,
Getty Images – Copyright Compliance