(R)egistered: Copyright Infringement -

com
1 message
Geoffrey Beal <gbeal@masterfile.com> Thu, Dec 22, 2011 at 2:22 PM
Reply-To: Geoffrey Beal <gbeal@masterfile.com>
To: com
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WITHOUT PREJUDICE (for Settlement purposes only)

December 22, 2011
VIA EMAIL

Claim PMI

Dear Ms.

Re: Copyright Infringement com

We are in receipt of your email received December 19, 2011

Unfortunately, Masterfile Corporation (Masterfile) cannot accept your offer of US$100.00. Your offer is unreasonable, as the
offer is well below what a client in good-standing would have paid for the same rights as those reflected in our Claim.

We appreciate that your company has ceased all uses of the image. Thank you for responding so
promptly. However, to fully resolve this matter, payment of the attached claim for a retroactive license is required. Please
note that Masterfile acquires an interest in the copyright in the images it represents under exclusive contracts from
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professional photographers and illustrators. Each of the images is an original artistic work and copyright subsists in the
images pursuant to the Copyright Act. As exclusive licensee, Masterfile has the right to protect and enforce its interest in the
images, and is entitled to the remedies provided by the Copyright Act. Therefore the images listed in our claim are not in the
public domain.

Further, be advised that the image listed in the claim is a Rights-managed image in Masterfiles collection. Rights-managed
images are licensed based on specific use and the fee is determined using factors such as size, quantity, placement and
duration etc. Unlike a Royalty-Free image, when a rights-managed image is licensed to a client, Masterfile keeps a detailed
history of how the image is used. This is a valuable feature of rights-managed images as it allows clients to know who else
has used the image and it avoids competitors using the same image in their promotional materials. Unfortunately due to your
unauthorized use of these images, our legitimate clients using the same images have not been provided with the proper
history. Providing false information to our clients may seriously jeopardize our credibility with our clients and our business
protocol.

A client in good-standing those who acquire licensed, authorized rights to use our copyright protected works prior to
publishing them would have been charged a fee of $770.00, for the same use as that reflected in your Claim PMI
You can verify this by visiting our website at www.masterfile.com and using our publicly available online calculator to
calculate the regular fees associated with our rights-managed images. Enter the image code 700-00918454 into the
Masterfile search engine. When the image appears click on it. At the bottom of the enlarged image you will see an icon with a
$ sign, click on that icon. Enter Internet, Web Promotion, Secondary page, World, World, Up to one year, and you will see the
price $770.00 per image below.

Our standard un-authorized fee starts at a one year License.

In addition I have also attached the Masterfile Copyright Registration Database which shows you the image, the 700 code
associated with the image, the artist name and the sign attached to it, the date the images were submitted for registration
to Library of Congress, United States Copyright Office, the VA # issued to the images by the Library of Congress, United
States Copyright Office, and the date it was effectively registered by the Library of Congress, United States Copyright Office.

Our Claim in the amount of US$2,310.00 includes regular fees for licensing the images, our external costs in locating these
infringements and internal costs in enforcing our copyright. These fees are fair, balanced and reasonable. Masterfile will be
entitled to, and you will pay, a compensatory fee equal to the greater of U.S. $1,500 or 3 times the usual License Fee for
each Unauthorized Use by you of any Image in addition to any other rights or remedies available to Masterfile under law
(without you thereby acquiring any rights to the infringed Image).

Notwithstanding the foregoing, Masterfile is willing to resolve this matter for the sum of Six Hundred United States dollars
(US$600.00). This offer is based on your 1 month usage. This offer to settle will expire on January 6, 2011. If you wish to
accept our offer to settle this matter amicably, please contact me on or before the expiry date.

My position is to negotiate a fair, balanced and reasonable settlement for both you and our Artist. Our Artists are professional
photographers who rely on the royalties they receive from the licensing of their work to earn a living.

This letter is an attempt to settle this claim. Masterfile reserves all its rights and remedies whether legal or equitable.
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Best regards,

Geoffrey Beal
Copyright Compliance Officer
Masterfile Corporation
3 Concorde Gate, 4th Floor
Toronto,Ontario,
Canada, M3C 3N7
416-929-6745 (ext. 2276)
800-387-9010 (ext. 2276)
gbeal@masterfile.com
http://www.masterfile.com

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3 attachments
Certificate of Registration Library of Congress_VA 1 387 7.pdf
556K
Copyright Registration Database 700 00918454.pdf
98K
RpostDigitalSeal.htm
20K
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Masterfile Corporation - Copyright Registration Database
Preview Code Artist
Submission
Date
VA Number
Effective
Date
Notes
700-00918454 Strauss/Curtis 2006.08.31 VA 1-387-713 2006.09.26


MasterIile Corporation - Copyright Registration Database http://copyrightdb01/Copyright/recordlist.php
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Signed by:gbeal@masterfile.com
12/22/2011 7:23:06 PM (UTC)
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Signed by:gbeal@masterfile.com
12/22/2011 7:23:06 PM (UTC)
Signed by:gbeal@masterfile.com
12/22/2011 7:23:06 PM (UTC)