Legal

- Christian Philip Martinen, LL.M., Esq. Attorney admitted in New York - Joy M. de Leon, Esq. Attorney admitted in California 8033 Sunset Blvd # 1049 Los Angeles, California 90046 Tel: 866-431-6520 Fax: 323 285 5211 cpmlegalteam@gmail.com

November 1, 2011 Case Number: WS1111EDG-1

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 To Whom It May Concern: This law office represents Hawaiian Art Network LLC, the owner and operator of HawaiiArt.com and HawaiiPictures.com, and photographer, Ms. Shattil. It has come to our attention that you are using one (1) of Ms. Shattils images without authorization on your website, www. com/ /Default.htm. Ms. Shattils image SR-VA0001301433-Skunk002 is used 1 time at: Page URL: http://www. Default.htm Image URL: http://www. /images/Skunk Babies.jpg Proof 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, and 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 of up to $30,000 per image plus the attorneys fees and costs of proceeding against you. If it can be demonstrated that the infringements were willful, statutory damages could be awarded up

to $150,000 per image. 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 remove the image from the website and delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of those image maintained in your files. If you believe you have received a license to use the above-described image, 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 image in question, you have violated Section 1202 (b) of the Digital Millennium Copyright Act (DMCA) by removing copyright identification information from the one image that were used on the (http://www. /Default.htm) website. Section 1202(b) 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) information, intentionally remove or alter any copyright management

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. Ms. Shattils name is included on her images wherever those images legitimately appear, but it has been cropped off the images for use on your website. This subjects you to minimum statutory damages of $2,500 for the DMCA violations concerning the one image, in addition to attorney fees and costs, and additional damages for the copyright infringements. The maximum statutory damages for the DMCA claims alone would be $125,000. The one use of the above entitled image at this website 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 the attorney fees and costs of bringing suit. In order to avoid the delay of litigation, Ms. Shattil is willing to settle her DMCA claims and her copyright infringement claims for the known infringements through a retroactive license issued by her agent, Hawaiian Art Network LLC, for the infringing past uses and releases as to such claims. For settlement purposes, Hawaii Art Network

offers a retroactive license from the date of this settlement back three years for the past website uses shown below only, for a fee of $2,245, paid in full before close of business on November 15, 2011, without Hawaii Art Network and Ms. Shattil being caused to incur further attorneys fees and costs. Any further attorneys fees and costs that Hawaii Art Network or Ms. Shattil must incur in order to resolve this matter will be added to the settlement demand. This settlement amount anticipates immediate removal of the image from the website by November 15, 2011 with no future uses. Any other uses of the image, or any other image must be negotiated separately with Hawaii Art Network. Accordingly, we hereby demand that you: (1) Immediately cease and desist from all unlicensed use of the above image, and remove the image from the website and delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of those image maintained in your files; Remit the full $2,245.00 to my office by November 15, 2011. (Payable to: Christian Philip Martinen, Esq., Attorney Trust Account) The office address is 8033 Sunset Blvd., Ste. 1049, Los Angeles, CA 90046.

(2)

Should you choose not to cooperate with these demands, we reserve the right to seek all available remedies, as well as attorney fees and costs. Hawaii Art Network has a commitment to their photographers to enforce the photographers copyrights for their images. Consequently, it must take all infringements of those copyrights seriously, and they must take all appropriate steps to pursue those claims. If you carry business insurance, now is a good time to contact your carrier to determine whether copyright infringement is covered under your policy (many policies cover it as an advertising injury). 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,

CHRISTIAN P. MARTINEN, ESQ. Attorney at Law

Enclosures: (1) Sources of Image (2) Proofs of Copyright Infringements cc: Hawaii Art Network LLC

Image Used: SR-VA0001301433-Skunk002

Image URL: www. Babies.jpg

images/Skunk

Screen Shot URL: http://i.imgur.com/2bNHA.jpg