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Via U.S. Mail

617 I-ee Street Seatde, !7A 98109 USA p.206-381 -8888 / f.206.381 . 1 e88 Legal@ N{c C ormacklegal. c om

Timothy B. McCormack
Attorney at Law'

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FOR SETTLEMENT PURPOSES ONLV PURSUAI\T TO FRE 408

RE:

CaseNo.I Demand AmountJ Website:f

Getty lmages

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Attention: We have made numerous attempts to resolve Getry tmages' pending coplright infringement claim. Our hope was to discuss with you the logistics of a pretrial settlement. We have tried to

resolve this copyright infringement claim amicably but unfortunately, we have not been able to reach a settlement agreement or comprise. Your communication has been intermittent or nonexistent.

This rernains an active and open claim that does need to be resolved. Please consider this your final warning. There is still time to avoid escalation of your case. ln order to help avoid that possibility, however, I need to hear back from you immediately. If I do not hear from you we will recommend litigation to Getty Images. The settlement demdnd includes the cost of lice,niing and pioteciine ifie creatoibT]6-intellectual property, but it is much less than the amount we would expect to recover through formal legal proceedings. What is relevant is the fact that a photographer, whose livelihood depends on selling licenses to use their imagery, has not been compensated for the use of their imagery on the website at issue. I urge you to consider this very serious matter and remit the
settlement demand.

As you may be aware, there have been several rebent decisions regarding copynght infringement that have generated publicity. tn each decision, the infringer was required to pay a substantial amount of damages for infringing on copyrighted material. The following examples help illustrate the repercussions of infringing on copyrigtlted works:

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Shoe company required to pay $1,315,800 for the unauthorized use photographer's images, despite actual damages worth only $12,800.

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Minnesota woman required to pay $1.92 million, or $80,000 per infringement, for infringing on 24 copyrighted works. Rhode Island man required to pay $675,000, or $22,500 per infringement, for infringing on 30 copyrighted works. A t5pical settlement offer for similar claims was $5,000.

As a final good faith effort to avoid litigation, Getty Images is willing to extend the above referenced settlement offer for an additional 10 days. My client may be willing to offer a payment plan (for an additional $300.00 adminishative fee) if needed. This offer is made without prejudice to Getty Images' rights and remedies under copyriglrt law, all of which are expressly
reserved.

May I suggest that you review the company business insurance for possible coverage as an "advertising injury." This tlpe of coverage is often found in general business liability policies. If you have paid for such coverage it might be wise to use it.
Thank you for your prompt attention to this matter. Please contact me no later 2012 to discuss this matter further. My direct line is: 206 -445-0192.

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Sincerely,

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Ashanti A. Taylor
Paralegal to Timothy B. McConnack
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