You are on page 1of 5

?

ft,aAtw{E{e
December 13, 2011 VIA FEDERAL EXPRESS

Dear lVs. Re:

Notice of Ccpyright lnlringement - www.

om

Masterfile Corporation ("Masterfile") is in th businoss reproduction and publication by clients around the world.

of licensing rights-managed images for

commercial

It has come to our attention that you have published one (1) oi Masterfile's images on the above noted website. A copy of the image and a printout of the respective pages on your website are attached to this letter for your

The image ls represented exclusively by Masterfile and registered in the Copyright Offico of the lJnited States Library of Congress. You may verify Masterfile's ownership by visiting www.masterfile.com and entering the respeclive mage code rn the search engine. Mastertile can find no reference this image having been licensed for reproduction on your website. The usage above directly violates Masterfile's and the artist's exclusive rights to reproduce, adapt, display, distribute, and/or create derivative works. Be advised that any entity that violates these exclusive rights of the copyright owner is an infringer of the copyright and is thus liable, regardless of prior knowledge oi the unauthorized usage. Also note, the Copyrght Act provides for individual liability for all those associated with the infringement as well as corporate liability.

a legal action for copyright iniringement, lMasterfile is proposing, on a without prejudice Masterfile is willing to arrange for a retroactive license in accordance with Masterfile's terms and conditions published at vruJw.mast-erfile,com, provided that you: (a) cease and desist trom any and all unauthorized uses of the image; and (b) pay the retroactive license lee noted in the enclosed claim invoice within ten (10) days. Ploase return the enclosed stamped claim along with your paymenl in order for Mastertile to conclude this ftatter. lf you do not comply, Masterfile will be obliged to continue its legal process without further notice to you. We would rather not take such action
Rather than initiate
bas s, the lollow ng settlementr

and are hopelulthat a reasonable settlement can be aranged.

Subject to your payment of the retroactive licensing tee, you are welcome to inquire about continued use ol our image for your purposes. Please contact me immediately to discuss arranging a license in this capacity.
Mastedile treats copyright infringement as a serious matter. As such, N,4asterfjle makes every effort to ensure its inteilectual property is protected and it pursues all cases of unauthorized use. ln our experience, many copyright

mnltnfii/e
infringements result frcm a lack of conkols or a lack of knowledge about copyright on the part of infringers but that does not alter the law or Masterfile's right and responslbillty to its contributing artists to rcceive financial compnsation for the use of its intollectual property.
We are hopful that this matter can be resolved quickly and amicably and are prpared to co-opsrate with you in this regard. Contact by you prior to the due date will be regarded as a gesture of good intent.

Please understand that nothing in this notice should be construed as a waiver of any remedies or ptotections under law,

of Masterfile's

rights,

The information on this notice of copyright infringement is accurat and under th penalty of periury, the undersigned is authorizd to act on behalf of [4asterfile with respect to this mattor.
lf you have any questions, kindly contact me without delay.

Yours truly,

Geoffrey Beal

Copyright Compliance Otticer


gbeal@mastorfile.com ext. 2276

GB/tg
Encl.

mnAte/rfiIe

Comod. Gar. 4th Floor

To6nlo. onEno, c.n.da M3c 3N7

CLAIM No. PMI-489-428


2011 Dec 08 - Page 1 of
LICENSEE:
1

NOREPRODUCTION COMPUANCE FEE UCENS]NOTHE FETFOACTIVE 1JSE OF ONE (1)IMAGE ON OM, RIOHTS GRAT,ITEO: wEgSlTE AT W\4W. UNTIL OECEMAER 27, 20I1, TO
CONSUMERS, USA

ALL OTHER RIGHIS RESERVEO

: NO SECONOAAY USAGE, COMMERCIA!OB : ELECTRON C FIGHTS WHATSOE!R ARE


:

GMNTED

OR IMPLIED, UNLESS LICENSED BY MqSTERFIIE

No light3 .16 gnid h6h untit tht. hwEr'1i.n* h6 b6n pard in l!lr. sEh p.ymrt coNflds irev@.bls ackrcwldg.mnt thal Llco@ u.d6Erands and a9@ iorhat6moithis nvoioaalcoG. and Mstgri. s T|m a^d cohdrions of LicoBing r@ard at www.msl6nib.corn/l6rc.html (ool &nvdy, lh Aglffif). Ths Ag@lmt @Btiluros th 6n! ag|lmnt Ltu@n th. pani* wlrh Bpcr lo $s sublct mller hBl End trFigs .l pnor ed @dfrpoEnsus comunLcallons No p;h.s6 ordr or simit ddumni se!d by th Ucd* wr rbdrt rB agElMt rh. aserenl my only b md'id in wfti^g by s oircro{ Mtsblfils c6rpoElron

lmss6Nunbd:

70G00914454

uss

csption: Mist

wotH

on co@h

stau.s/Cunis

PAY THIS AMOUNT >>>>>>>>>

Payabl. Upon Rc..ipr

TOrAL:

T,runsQcltotl

uelLu

Report Data: 14'17780 Name:

Home Page:

http/www.

COI\,1/

Contact Details:

Country: lJnited States

Catalog lmage No. 700-00918454

Screen Capture

ir

MASTERFILE CORPORATION FREOUENTLY,ASKED OUESTIONS

who is Masrcrtib Cotpofttion? [,'lasledi]e !s a stock ifiage agency/library. We acquire, organize, disAibute and license images for commercial use

rn

medla ranglnq from print adverUsing to websites. Our irnages are acquired under exclusive contract from professional pholographers and iilustrators who are paid a royaliy every time an image is licensed Our clients rnclude adveriising agencies, designers, publishers, muliimedia producers and corporations throughout the world

lf I remove the image(s), is the malTer resolved?


When a righis-managed image(s) is used wilhout a license the immediate removal of the image(s) is critica Removing the image miiigales your liabilityt however lhis does not completely reso ve the matier The use of lvlastedile s image(s) requires appropriate licensing covenng any and al uses Payment ol an applicable retloactlve license is required io resolve the matter completey

No

What if I hired someone to create my website? We have no record that the image(s) was licensed for the noted use. Your use of lhe image(s), wilhoul a valid license irom l\,4asierfile constitutes copyright infringement. Accoding to the Copyighl Acl, it does not matter who designed your website or thal there was no intentlon to commjt copyright infringement. You as theend user, are liableforthe infringement and have a responsibility to pay the apptopriaie reaoaclive licensing fees for use of lhe image(s). lMastefite will not be contactino ihe desioner in an ahempl to resolve this issue unless he/she contacts l/lasierfile directly and agrees to iake responsibilty for the unautho zed use l\,4asterfile is not privy 10 the agreemenl ihat yoLr may liave had with the deslgner so it is your responsibiliiy to work wiih ihe designer if you believe he/she is responsible. What if I purchased the image(s) frcm a subscription service or online as pan of a temPlate? tvtasterfte is the exctusve representative oflhe image(s)in question This means thaithe image(s)cannol be licensed by anyone e se. Accordlng to the Copyrghl Acl as the enduser you are ultimalely responsible for ensuring that yo! have obiained lhe appropriate licensing or rights to use the image(s) Th s means that lf you purchase or acquire images from a subscription service or a webslte that provides templates, yo! are slill liable ior copyrighl inflingement if thai company did not properly llcense the image(s) for your use What if I dicln't know that the image(s) had to be licensed? Your use of the mage(s), without a valld lcense from IVasterfile, consiiiutes copyrighl infdngement Accord ng to ihe Capyright Act, it does not matier that ihere was no iniention lo commit copyright infringemenl or that you didn't know the im;ge was copyrighl protected and needed to be licensed. You, as the end user, arc liable for the infringement and have a responsibilily to pay the appropriate retroaclive licensjng fees for use of the image(s) Unfortunately, your lack of knowiedge does not excuse or dismiss yolrr unauthorized use, noT does il waive youl obligation to pay the amount requested in the claim for copyright infringement What if Ifoundthe image(s) on the inlenet and thete was no copytight notice? Just becairse an mage is displayed on the internel does nol mean that t is ln the public domain' The term public domain, js a narrowly defined exception to the copyr?ht Acl thal deals specifically with wotks in which copyrighi has expired or where ihe copyrighl owner has made a ciear declaratlon that the work is not sllblect to copynght Furthermore the fact that there may nol have been a copyright notice depend ng upon where you found the image does noi mean thal there is no copyrighl proteclion The image(s) in quesuon is a lghls'managed image(s) represented exctusively by IMaste.file. The use of rights-managed images represented by N4asterflie teqLrlres a license covering each and every use.

Ve6on - 2008'08-05

You might also like