mccormack

totelectuai Property Law Business law PS

January 03,2013

Via U.S. Mail

617 Lee Street Seattle, WA 98109 USA p.206-381-8888/f,206.381.1988 Timothy B. McCormack Attorney at Law

RE:

Getty Images v. < Demand Amount: $1,400.00 Website:

Attention:

INTRODUCTION McCormack Intellectual Property Law, P.S. has been retained as legal counsel for Getty Images to pursue copyright infringement claims against your company. Getty Images considers the subject of copyright protection of the utmost importance and has an active program utilizing a range of measures to deal with the issue. Getty Images is committed to enforcement of copyright laws to ensure that both Getty Images and the photographers and filmmakers it represents are compensated for their work. You appear to have copied and used these images without a valid license. Your actions as described constitute a violation of the rights of our client in various respects. To avoid any further misunderstanding, it is important that you understand: 1. What your company has done to receive this letter; 2. Why your company's actions are illegal; and 3. How the matter might be resolved. If you have questions or concerns, please feel free to call, write or email our firm to discuss. If you wish to avoid further escalation and resolve this matter immediately, settlement instructions are attached. By tendering payment for the unauthorized use, we can end the matter immediately.

mccormack Intellectual Property Law

Business Law PS
January 03,2013

YOUR COMPANY HAS COMMITTED COPYRIGHT INFRINGEMENT To establish a claim of copyright infringement, Getty Images only needs to show that you used, copied or displayed the images without authorization. Getty Images does not need to prove that you acted knowingly or intentionally. As explained below, even if a third party built your website, your company and others remain liable for copyright infringement damages. Your company is liable for the copyright infringement noted above. In civil legal actions, if a wrong is committed, damages may be awarded. Simply owning the website containing the copyrighted images creates liability for the company. Two or more people can be liable for the same act or acts of copyright infringement. This is called "joint liability." If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. Accordingly, one, or the other, or both, infringers can be sued for the full amount. Here are some examples where two or more people had some form of joint liability. > Corporation's President Jointly Liable For Copyright Infringement Corporation's president was personally and jointly liable for copyright infringement occurring when corporation published CD-ROM disk containing copyrighted photographs. > Owner of Website Jointly Liable For Copyright Infringement Posted by Third Parties. Owner of website, infringed copyrights by distributing copyrighted photographs, even if website operator did not know that the photographs had been uploaded onto website. > Owners of Website, Le., Website Jointly Liable For Copyright Infringement Posted by Third Parties. Operators of website that contained unauthorized copyrighted images vicariously liable for copyright infiingement

DAMAGES IN COPYRIGHT INFRINGEMENT CASES Damages authorized by the copyright statute can be up to $150,000.00 per image. In addition, a copyright owner may be entitled to recover all attorneys' fees and costs. Currently, Getty Images is seeking only its actual damages. Getty Images reserves the right to seek statutory damages at any point up to final judgment.

CQccormack Intellectual Property Law

Business Law PS
January 03,2013

RESOLVING THIS MATTER In order to amicably resolve this matter, we need you to send in payment. Please remit payment in accordance with the payment instructions enclosed. Alternatively, please feel free to call, write or email our firm to discuss payment plans and / or any questions or concerns you might have. We look forward to hearing from you and helping to get this matter taken care of.

Sincerely,

Enclosure

Timothy B. McCormack Lezal(a)McCormackLeeal. com