From: M_ W_
Subject: Unauthorized Use
Dear Domain Administrator,
Your company hosts a website at PLAYDAMAGE - DOM which contains a copyrighted
photograph belonging to Getty Images as represented by the Stone collection.
The web site is www.playdamage.org and the image in use is BE9994-001. I am
attaching a screen grab of the use in question and our original image. While
the copyright to this image belongs to the respective photographer, Getty
Images is the photographer's representative and as such, is the entity that is
permitted to issue licenses for use of this image. Any use of the image
without such a license from Getty Images is unauthorized. A license is needed
in order to receive permission to reproduce or manipulate this image.
We have searched our records and have found that no such license has been
issued by us for this use. If they have not arranged for a license from Getty
Images or Stone prior to commencing use of the image, they are considered in
violation of Title 17 U.S.C.S., the Copyright Act of 1976. The use of this
image on the web page hosted at your site is illegal under copyright law.
Under Section 512(c) of the Copyright Act, known as the Digital Millennium
Copyright Act, upon notice of infringement, in order to take advantage of
limitation of liability, qualified Internet Service Providers must
expeditiously remove the infringing material.
I have contacted Curt Cloninger on three separate occasions beginning on July
15, 2002 and as recent as yesterday requesting compliance with our terms and
conditions of use and have stipulated that he should cease and desist the use
of this image. Mr Cloninger has not yet cooperated nor has he expressed any
inclination to do so.
At this point I am seeking your immediate intercession with this matter.
Please remedy this offense with either:
(1) Your immediate contact with the site owner demanding the prompt removal of
the graphics owned by and copyrighted to Getty Images (2) that you remove the
site itself and/or the photographic files from your server.
Your expeditious attention to this matter is greatly appreciated, as we find
no other recourse for remedy without undertaking legal action. Please
understand that this letter is not a warning or threat. It is being sent to
you as part of a legal process that must be followed in an effort to maintain
our legal rights. Getty Images is committed to investigating licensing
infractions not only to protect our own interests, but to protect those of the
photographers who submit their photos to us as well. We feel that your
cooperation regarding this matter is fully warranted, and expect it will be
Getty Images, Inc.