J .

S TEPHEN S TREET
Attorney at Law
134 Maono Place Honolulu, Hawaii 96821
September 11, 2012 E-mails:

Phone: (808) 754-1647 Fax: (888) 334-6499 Email: jsstreet@ip-law-hawaii.com

__________________________________________________________________________________________________________________________________________________________________________________________

Re: Cease and Desist Demand and Offer to Settle Copyright Infringement Claims and Digital Millennium Copyright Act Claims, Subject to Rule 408, Federal Rules of Evidence Dear Mr. :

This law office represents Hawaiian Art Network LLC, the owner and operator of HawaiiArt.com and HawaiiPictures.com, and photographer, Vincent K. Tylor. It has come to our attention that you are using two (2) Hawaiian Art Network images (a total of 18 known uses) without authorization on your commercial website above and Facebook page, as follows:
Image O-06 Hanauma Bay Wide is used 6 times at: Page URLs:

(As a high-res Photo available for anyone to Download from Facebook) Image URLs:
(224 x 147 pixels) (578 x 379 pixels) (197 x 129 pixels)

Image O-07 Waimea Falls is used 12 times at: h Page URLs:

Image URL:
(196 x 124 pixels)

Evidence of these unauthorized uses is enclosed. These are copyright infringements in violation of 17 U.S.C. 501. The copyrights to these images are registered with the United States Copyright Office as VA 1-696-555. Even if your uses of the images were innocent infringements, the infringements subject you to liability for actual damages, and your profits from these wrongful uses of the images, or statutory damages plus the attorneys fees and costs of proceeding against you. If it is necessary to bring a copyright infringement action against you, we will seek the recovery of damages and all costs and attorneys fees. Demand is hereby made that you immediately cease all uses of the images and remove the images from the website, if you have not already done so, including image URLs. Please preserve the electronic evidence of your source of the images and the date they were uploaded to your website pages. If you believe you have received a license to use the above-described images, please provide me with any documentation upon which you base that belief. U.S. copyright law makes clear that any reproduction, distribution, or display of a copyrighted work without authorization from the copyright holder constitutes infringement. This is a strict liability offense: you are responsible for any infringing act on your website regardless of your intent. Removal of the infringed works does not relieve you from liability for damages arising from your past infringements. Besides violating the copyrights in your infringing uses of the images in question, it appears that you have violated Section 1202 of the Digital Millennium Copyright Act (DMCA) by removing copyright management information from the above images that were used on your website pages. Section 1202 of the DMCA provides: 1202. Integrity of copyright management information (b) REMOVAL OR ALTERATION OF COPYRIGHT MANAGEMENT INFORMATION. No person shall without the authority of the copyright owner or the law (1) (3) intentionally remove or alter any copyright management information, **** distribute copies of works, or phonorecords, knowing that copyright management information has been removed or altered without authority of the copyright owner or the law,

The DMCA provides for minimum statutory damages in the sum of not less than $2,500 or more than $25,000 as to each violation. Copyright management information includes the name of the author of the work. The photographers copyright management information is included with his images where those images legitimately appear, but it has been edited or omitted from the images for use on your website pages. This may subject you to minimum statutory damages of $5,000 for the DMCA violations concerning the multiple images, in addition to attorneys fees and costs, and additional damages for the copyright infringements. The number of image uses at these websites would result in substantial actual damages. An award of statutory damages for the copyright infringements would likely be multiples of actual damages and would also include attorneys fees and costs of bringing suit. For settlement purposes and in order to avoid the delay of litigation, my clients will settle their DMCA claims and copyright infringement claims for the known infringements by issuing a release for the infringing past uses at the websites shown above only, for a payment of $8,500, paid in full before close of business on September 25, 2012, without my clients being caused to incur further attorneys fees and costs. Any further attorneys fees and costs that my clients must incur in order to resolve this matter will be added to the settlement demand. This settlement amount anticipates removal of all uses of the images from the websites by September 25, 2012 with no further uses. Any other uses of the images, or any other image must be negotiated separately. Accordingly, we hereby demand that you: (1) Immediately cease and desist from all unlicensed uses of the above images, and remove the images from the websites. Please preserve the electronic evidence of your source of the images and the date that they were uploaded to your website and Facebook page. (2) Remit the full $8,500.00 to my office by September 25, 2012. (Payable to: J. Stephen Street AAL, Client Trust Account) A copy of the transmittal for your payment with a copy of the check should also be mailed directly to Hawaiian Art Network LLC, 1888 Kalakaua Ave., Suite C312, Honolulu, HI 96815, or faxed (866) 842-4037, or emailed legal@hawaiipictures.com . Should you choose not to cooperate with these demands, we reserve the right to seek all available remedies, as well as attorneys fees and costs. Hawaiian Art Network has a commitment to its photographers to enforce the copyrights for their images. Consequently, it must take all infringements of those copyrights seriously, and it must take all appropriate steps to pursue those claims. You should consult with counsel experienced in copyright litigation concerning this matter. This is a settlement offer subject to Rule 408 of the Federal Rules of Evidence. Very truly yours,

J. STEPHEN STREET Attorney at Law Enclosures: (1) Sources of Images (2) Proofs of Copyright Infringements