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Catalyst Complaint Cover Page

405012

Complaint
Number 405012 Date 3/15/2012 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Chatt, Sara J $0.00 $0.00 $0.00

Location Bellingham - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name John Louis Sanders 4545 Wessex Dr San Jose, CA 95136 Phone Day (408) 644-2141 Phone Evening Email jsandersjr32@gmail.com

Respondent(s)
Name Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 Contact Phone (206) 925-6753 Toll Free Email copyright.complian ce@gettyimages.co m

Referral(s)
Name Contact Phone Contact Phone Email

Practice(s)
Code 404 Practice Collection Practices

Activities
Date Added 3/15/2012 3/15/2012 3/15/2012 3/15/2012 3/26/2012 Activity Type Email to Respondent Email to Complainant Email from Complainant Email from Complainant Email from Respondent attachments are b and c Activity R First Letter to Respondent To: copyright.compliance@gettyimages.com C First Letter to Consumer To: jsandersjr32@gmail.com

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Catalyst Report
Complaint Description
Description For nearly 6 months I recieve demanding letters from GettyImages, Inc. demanding payments in various amounts. I have tried in all good faith to settle this but it only continues. They claim I used a image on my website in which they have copyright holding for. I have asked GettyImages to provide me with the image in questions, the signed authurization from the photographer, and a copy of Certificate with the US copy right office. They have not provided anything to me other than me sending this a large sum of money to make this matter quietly go away per their own letter. This has been well documented about GettyImages via online forums etc and I'm Frankly sick of it.. Its wasting my time dealing with these guys in which they have not even proven anything from the start. http://www.scribd.com/extortionletterinfo/shelf <<< please have a look for yourself. Expected resolution details: Refrain from such demand letters when nothing has been proven.

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AdaS

3/15/2012

From: John Sanders [mailto:jsandersjr32@gmail.com] Sent: Thursday, March 15, 2012 1:45 PM To: ATG MI Bellingham CRC Subject: Re: 405012 : A notice from the Washington State Attorney General's Office Hi Sarah, I have attached additional items for your review and hopefully some laws have been broken. GettyImages,Inc is well known for trying to shake people out of $$$. This has been reported on the news...Local News Papers, and on the web. If find such business practices to be very unethical, and whats worse shady lawyers GettyImages, Inc hires plays along with it which I think is a violation Business and Profossion Codes and I'm sure the Bar. If you read the letter from Timothy B. Mccormack you will understand more clearly. You may also want to follow up with the ongoing problems and complaints from others just like myself. http://www.extortionletterinfo.com/ http://investing.businessweek.com/research/stocks/private/snapshot.asp - privcapId=35189049 http://www.bbb.org/western-washington/business-reviews/photographs-stock/getty-images-inseattle-wa-37000916#reasonrating

Best Regards, John Sanders

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AdaS

3/26/2012

From: Copyright Compliance [mailto:Copyright.Compliance@gettyimages.com] Sent: Monday, March 26, 2012 9:12 AM To: ATG MI Bellingham CRC Subject: RE: 405012 : A notice from the Washington State Attorney General'sOffice

605 Fifth Avenue South, Suite 400, Seattle, Washington 98104 Tel 206 925 5000 Fax 206 925 5001 www.gettyimages.com

March 22, 2012 Via e-mail to BelCRC@atg.wa.gov and Fax to (360) 738-6190 Sara J. Chatt Consumer Analyst Attorney General of Washington Consumer Protection Division 103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 Tel: (360) 738-6187

Re: John Louis Sanders Your File Number: 405012 Our Case Number: 1105830 Dear Ms. Chatt: We are in receipt of the complaint filed by John Louis Sanders that you forwarded to us on March 3, 2012. We appreciate the opportunity to respond to Mr. Sanders’s concerns, although, as we will discuss in more detail below, his role in this matter is unclear. By way of introduction, Getty Images is the leading creator and distributor of still and moving images. More than 4,000 images per day are licensed on our website, www.gettyimages.com, which features wholly-owned content (i.e., images to which we own the copyright), as well as
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exclusively licensed content (i.e., third-party contributor images which are licensed exclusively through us). 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. One such entity recently identified as having used unlicensed imagery from our collections is Facial Rejuvenation Center (“the Center”). On August 11, 2011, and again on October 19, 2011, we sent the Center a letter with notification that we had found unauthorized use of one of our images on its website, http://www.MICHAELSINGHDDS.com. The image is part of Getty Images’ Rights-Managed “Photographer’s Choice” collection, #85476713 (the “Image”), and can be found on our web site at http://www.gettyimages.com/detail/85476713. We informed the Center that use of the Image without a license constitutes copyright infringement, and that it must either (i) provide evidence that a license was issued, or (ii) pay a fee for use of the Image. In this instance, the fee was $965.00, and we provided an invoice in that amount, which featured a thumbnail of the Image and its image number, along with a “screenshot” of the Image on the Center website. The amount invoiced is in line with what typically would be charged for a license of the Image under these circumstances. Mr. Sanders frames his complaint as though Getty Images has pursued him directly, but this is not the case. Our concern is with the Center, as the end user of our imagery, yet Mr. Sanders continues to engage us on the Center’s behalf while failing to clarify that relationship. Mr. Sanders responds to our correspondence – all of which has been directed to the Center – with the signature line “Legal Advisor,” and uses the term “my client” when referencing the Center. Getty Images requested, but did not receive, a formal notice of representation from Mr. Sanders. Therefore, we have continued to pursue our claims against the Center directly. For the purposes of responding to this complaint, however, we will address Mr. Sanders’s claims as they relate to our pursuit of this matter as copyright infringement. Mr. Sanders states that we have not provided a signed authorization from the photographer of the Image. While confidentiality provisions prevent us from providing copies of our agreements with our photographers, we explained that we are the exclusive licensor of the Image, with the responsibility to protect our represented photographer’s intellectual property from unauthorized use. We would be glad to provide an affidavit to that effect. Mr. Sanders also states that Getty Images has not provided proof of copyright, but Mr. Sanders appears to confuse copyright registration and copyright ownership. As of 1978, when US copyright law was substantially revised, copyright exists the moment a work, including a photograph, is created. Registration is optional and is not a requirement of copyright ownership. Consequently, copyright registrations are not required of us to pursue infringements on behalf of our contributors. While it would be necessary to provide these registrations once we have
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actually filed suit or to claim statutory damages, this is our attempt to settle any infringement without further action. Copyright law holds responsible anyone who publicly displays an image without authorization of the copyright holder. At this time, neither Mr. Sanders nor the Center has raised any valid defenses. We would prefer to resolve this matter amicably, but in the event that the Center remains unwilling to pay for the Image unlawfully used on its website, we reserve the right to continue to pursue this matter as copyright infringement. Getty Images has acted appropriately and in good faith in pursuing the unauthorized use of our intellectual property. Should you require any additional information about this matter, please do not hesitate to contact us. Regards, Getty Images – Copyright Compliance

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AdaS

3/26/2012

From: John Sanders [mailto:jsandersjr32@gmail.com] Sent: Monday, March 26, 2012 2:25 PM To: ATG MI Bellingham CRC Subject: Re: 405012 : A notice from the Washington State Attorney General's Office Why has Getty Images replied to this. My complaint was against Mr.Timothy McMcormack the attorney hired by gettyimages. Mr.Mcmormack has clearly violated code of conduct with the letter he submited to this office. Thank You John Sanders

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RuthH

3/29/2012

From: ATG MI Bellingham CRC Sent: Thursday, March 29, 2012 11:05 AM To: 'John Sanders' Subject: RE: 405012 : A notice from the Washington State Attorney General's Office Hello. We contacted Getty Images, because when you filed your complaint, this is the information you submitted in the section asking the name of the business that is the subject of your complaint. You also listed, the attorney, but this office does not have the legal authority to contact attorneys regarding complaints we receive. In Washington State the Washington State Bar Association has the legal authority to look into complaints regarding attorneys. You may want to contact the Bar Association directly. Their website is: www.wsba. And the phone number is 206-443-9722. Ruth Holbrook Consumer Protection Division (360) 738-6188 please print sparingly

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