Catalyst Complaint Cover Page

403401

Complaint
Number 403401 Date 2/23/2012 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Fisher, Valeria W $0.00 $0.00 $0.00

Location Bellingham - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Thomas Michael Malafarina 107 Slater Dr Wernersville, PA 19565 Phone Day (610) 781-8328 Phone Evening Email (610) 781-8328 Malafarina@msn.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 023 316 Practice Scare Tactics Billing Issues

Activities
Date Added 2/24/2012 2/24/2012 3/13/2012 Activity Type Email to Respondent Email to Complainant Email from Respondent Activity R First Letter to Respondent To: copyright.compliance@gettyimages.com C First Letter to Consumer To: Malafarina@msn.com

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Catalyst Report
Complaint Description
Description My name is Thomas M. Malafarina. I am a horror fiction writer from Pennsylvania. This is a hobby, which does not make me any money, but is still an activity I enjoy. In an attempt to become better known and perhaps someday actually sell some books, I created a website (www.ThomasMMalafarina.com). A friend of mine, a professional graphic artist created, a logo for me to use on the website. He did so for free and told me it was his own creation. I used that logo on my website. Yesterday, 02/21/12 I received a very threatening letter from Getty Images saying that I was using two of their images illegally and that I should pay them $2,130.00 or they would come after me. The entire letter was very harsh and threatening. I called and asked them what this was about. I told them I would talk with the artist, show him the letter and ask what was up. I also told them I would immediately remove the image from my website, (which I have done) whether they had a legitimate complaint or not because I simply could not afford to risk being in such a situation. They told me that even though I remove the image I still have to pay. I spoke with the artist and he denied the image was theirs. He did say he got two free images from the internet, merged them together and altered them significantly, but to the best of his recollection, these images were not the ones. For the record, I am not interested in getting into any argument or legal hassle with this company. I am an honest, taxpaying citizen and who only wants to write some books as a hobby and have a little stress relief in the process - not have my hobby become a source of new stress. I make no money from this hobby and usually end up spending a good deal of money supporting this hobby every year. I cannot afford this type of hassle. I have researched this company on the web and have discovered many different opinions about the legality and legitimacy of this company. I simply do not know what to do next. If they feel they were wronged I am willing to offer them something like $75 or $100 for previous use of each of the two images. But if they are not within their rights and are some type of scam, I certainly do not want to waste my money. Likewise, I cannot afford to get bogged down in any long legal thing. The bottom line is, I need some advice from the attorney general's office. Is this legitimate? Am I at fault? What should I do? Expected resolution details: Leave me alone

RK-00411 PRR-2012-00283

AdaS

3/13/2012

From: Copyright Compliance [mailto:Copyright.Compliance@gettyimages.com] Sent: Tuesday, March 13, 2012 10:39 AM To: ATG MI Bellingham CRC Subject: RE: 403401 : A notice from the Washington State Attorney General'sOffice (1165874)

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

March 13, 2012 Via e-mail to BelCRC@atg.wa.gov Valeria W. Fisher Complaint Analyst Attorney General of Washington Consumer Protection Division 103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 Tel: (360) 738-6187

Re: Thomas Michael Malafarina Your File Number: 403401 Our Case Number: 1165874 Dear Ms. Fisher: We are in receipt of the complaint filed by Thomas Malafarina that you forwarded to us on December 28, 2011. We appreciate the opportunity to respond to Mr. Malafarinas concerns. 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 exclusively licensed content (i.e., third-party contributor images which are licensed exclusively
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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 customers are not permitted to use imagery without agreeing to 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 individual recently identified as having used unlicensed imagery from our collections is Mr. Malafarina. On February 16, 2012, we sent Mr. Malafarina a letter with notification that we had found unauthorized use of two of our images on his website, www.thomasmmalafarina.com. The images are part of Getty Images Rights-Managed Stone and Photographers Choice collections, #LA1731-001 and 200137251-001 (the Images), and can be found on our web site at http://www.gettyimages.com/detail/LA1731-001 and http://www.gettyimages.com/detail/200137251-001 . We informed Mr. Malafarina that use of the Images without licenses constitutes copyright infringement, and that Mr. Malafarina must either (i) provide evidence that licenses were issued, or (ii) pay a fee for use of the Images. In this instance, the total of the fees was $2,130.00, and we provided an invoice in that amount, which featured thumbnails of the Images and their image numbers, along with screenshots of the Images on Mr. Malafarinas website. The amount invoiced is in line with what typically would be charged for licenses of the Images under these circumstances. We do not doubt Mr. Malafarinas statement that he acquired the Images from a web site designer. As the end user of Getty Images imagery, however, Mr. Malafarina is ultimately responsible for ensuring that he has obtained appropriate rights to use the imagery. Mr. Malafarina further states that he has removed the Images from his website. While we appreciate the removal, the Images are protected by copyright, and were previously displayed on that website. Copyright law holds responsible anyone who publicly displays an image without authorization of the copyright holder. The use of the Images without a license constitutes copyright infringement, for which we are entitled to seek damages. At this time, Mr. Malafarina has not raised any valid defenses. We would prefer to resolve this matter amicably, but in the event that Mr. Malafarina remains unwilling to pay for the Images unlawfully used on his 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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Catalyst Complaint Cover Page

402806

Complaint
Number 402806 Date 2/14/2012 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Richl, Shirley $0.00 $0.00 $0.00

Location Vancouver - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Mary Ellen Thompson 10623 E Sprague Ave Ste B Spokane Valley, WA 99206 Phone Day (509) 951-8230 Phone Evening Email (509) 951-8230 mary@marymarymarketin g.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 300 Practice Excessive Price or Charge

Activities
Date Added 2/14/2012 2/14/2012 2/14/2012 2/14/2012 2/14/2012 Activity Type Email to Complainant Resolution-CLOSED INQUIRY/INFORMATION Reopened Phone Call from Complainant Phone Call to Complainant Activity Csup Thank You for Info To: mary@marymarymarketing.com

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ShirleyR

3/16/2012

From: Copyright Compliance [mailto:Copyright.Compliance@gettyimages.com] Sent: Thursday, March 15, 2012 2:00 PM To: ATG MI Vancouver CRC Subject: To Ms. Shirley Richl re: File Number: 402806 - Mary Ellen Thompson

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

March 15, 2012 Via e-mail to VanCRC@atg.wa.gov And fax to (360) 759-2159 Shirley Richl Complaint Analyst Attorney General of Washington Consumer Protection Division 1220 Main Street, Suite 459 Vancouver, WA 98660 Tel: (360) 759-2152 Fax: (360) 759-2159 Re: Mary Ellen Thompson re: Candidate Coaching Your File Number: 402806 Our Case Number: 1154264 Dear Ms. Richl: We are in receipt of the complaint filed by Mary Ellen Thompson that you forwarded to us on February 16, 2012. We appreciate the opportunity to respond to Ms. Thompsons concerns. 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 exclusively licensed content (i.e., third-party contributor images which are licensed exclusively
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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 customers are not permitted to use imagery without agreeing to 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 companies that have used Getty Images imagery without paying a license fee, much akin to pirating music. One such entity recently identified as having used unlicensed imagery from our collections is Candidate Coaching and Prescreening (Candidate Coaching). On January 12, 2012, we sent Candidate Coaching a letter with notification that we had found unauthorized use of one of our images on its website, www.candidateprescreening.com. The image is part of Getty Images Rights-Managed Photographers Choice collection, #200133432-001 (the Image), and can be found on our web site at http://www.gettyimages.com/detail/200133432-001 . We informed Candidate Coaching that use of the Image without a license constitutes copyright infringement, and that Candidate Coaching 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 $875.00, 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 Candidate Coachings website. As the end user of Getty Images imagery, Candidate Coaching is ultimately responsible for ensuring that it has obtained appropriate rights to use the imagery. The amount invoiced is in line with what typically would be charged for a license of the Image under these circumstances. Ms. Thompson states that Candidate Coaching contacted her about this notification, as it had hired her business, Mary Mary Marketing, to design its website. Ms. Thompson states that a third party, Eye Candy Designs, provided the Image and that at her request, Eye Candy Designs removed the Image from the Candidate Coaching website. While we appreciate the removal, the Image is protected by copyright, and was previously displayed on that website. Copyright law holds responsible anyone who publicly displays an image without authorization of the copyright holder. The use of the Image without a license constitutes copyright infringement, for which we are entitled to seek damages. At this time, neither Ms. Thompson nor Candidate Coaching has raised any valid defenses. We would prefer to resolve this matter amicably, but in the event that both Ms. Thompson and Candidate Coaching remain unwilling to pay for the Image unlawfully used on the Candidate Coaching website designed by Ms. Thompson, 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,

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