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Catalyst Complaint Cover Page

381533

Complaint
Number 381533 Date 2/10/2011 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Weingarten, Merlana N $0.00 $0.00 $0.00

Location Vancouver - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Nancy Tenorlas-Lowell PO Box 894754 Mililani, HI 96789 Phone Day (808) 548-3249 Phone Evening Email nlowell@webprohawaii.com

Respondent(s)
Name Getty Images 2101 4th Ave Ste 500 Seattle, WA 98121 Contact Phone (206) 695-3400 Toll Free Email licensecompliance@ gettyimages.com

Referral(s)
Name Contact Phone Contact Phone Email

Practice(s)
Code 026 641 Practice Advertising Failed communication attempts

Activities
Date Added 2/14/2011 2/14/2011 Activity Type Email to Complainant Resolution-CLOSED INQUIRY/INFORMATION Activity Csup Attorney Referral To: nlowell@webprohawaii.com

381533

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RK-01104 PRR-2012-00283

Catalyst Report
Complaint Description
Description Getty Images has been sending multiple letters to our client whom they alleged committed a copyright infringement on an image that we have obtained from a third party. We informed them on behalf of our client whom we developed the website for that this was the first time we heard of the infringement since the original photo we obtained had no Meta data or embedded license information within the photo file to show that there was a copyright owned and no watermark. We also informed them that we had since taken down the image the same day we found out about Getty's claim. In addition, we also sent them a letter requesting the following: ??? the Copyright Registration for the image you have identified as "LA1573-001 (RM) Man looking at architectural plans inside paneled room" ??? proof how long these images were up on the said website ??? provide us with the list of the licensees to find out if "one of our designers" legitimately purchased the photo; ??? Copies of any contracts or documents which form a basis for the alleged infringement such as a signed written agreement with your photographers granting exclusive rights to Getty to sell and manage the image; ??? provide an accounting explaining how you calculated the actual alleged damages of $1,225.00; and ??? provide us with the name and address of your legal department so our attorneys can pursue any further issues to your claim; and We further requested that Getty take the following actions: 1. Contact any credit agencies to whom you have reported this alleged claim settlement, and inform them that we will be disputing it; and 2. Forward a copy of this letter to any creditors who allege that Close Construction Inc owes the claim settlement at issue, as we are disputing it on their behalf. However, per Getty's December 29, 2010 letter, they have failed to provide four of the requested documents above and we have already informed them that neither our client nor us will be negotiating, nor paying any monies to Getty. We believe this is extortion as they have attempted to lower the price that they are demanding. We want Getty to stop harassing us and our client. We want Getty to stop harassing us and our client and to stop contacting us in regards to their alleged claim as they cannot provide the following: ??? Copyright Registration for the image you have identified as "LA1573-001 (RM) Man looking at architectural plans inside paneled room" ??? Proof how long these images were up on the said website ??? Provide us with the list of the licensees to find out if "one of our designers" legitimately purchased the photo from Getty; ??? Copies of any contracts or documents which form a basis for the alleged infringement such as a signed written agreement with your photographers granting exclusive rights to Getty to sell and manage the image; Expected resolution details: Stop contacting us and our client regarding their claim.

RK-01105 PRR-2012-00283

Advanced E-Business Solutions Inc P.O. Box 894754 Mililani, HI 96789 (808)548-3249 x8008

December 9, 2010

Getty Images License Compliance Department 601 N 34th St Seattle, WA 98103 ATTN: Simon McGruff RE: Reference No: 6730551, Case No: 1027290 To Whom It May Concern: We are writing in response to the claim settlement letter dated December 2, 2010 addressed to Close Construction Inc, Reference # 6730551, a client whose website www.close-construction.com was redesigned in October 2009 by our company, Advanced E-Business Solution Inc’s. This letter is to inform you as the web designer of the said website, on behalf of Close Construction Inc, we dispute the alleged copyright infringement associated with the above reference. We do not believe that Close Construction Inc owes the $ 1,225.00 copyright infringement settlement alleged by you. Your letter of December 2, 2010 was the first time Close Construction Inc has heard from you about this alleged copyright infringement. Thus we are requesting that you provide the following information:
x

x x x

x x

Please provide the Copyright Registration for the image you have identified as “LA1573-001 (RM) Man looking at architectural plans inside paneled room” Please provide proof how long these images were up on the said website Please provide us with the list of the licensees to find out if “one of our designers” legitimately purchased the photo; Copies of any contracts or documents which form a basis for the alleged infringement such as a signed written agreement with your photographers granting exclusive rights to Getty to sell and manage the image; Please provide an accounting explaining how you calculated the actual alleged damages of $1,225.00; and Please provide me with the name and address of your legal department so our attorneys can pursue any further issues to your claim; and
Confidential
RK-01114 PRR-2012-00283

Reference No: 6730551

RK-01127 PRR-2012-00283

RK-01128 PRR-2012-00283

RK-01129 PRR-2012-00283