Conrad &.

Scherer
Attorneys at Law

Ft. Lauderdale,

Florida

Washington,

DC .

Quito, Ecuador
Jeffrey L. Komins 9 S4.B 4T .3g63 Direct Line Jkomins@conradscherer.com

May 1,2012
Sent via US

Mail and Email:

OX

Re:

a Desist Demand and Offer to Settle Copyright Infringement Claim, and Digital Millennium Copyright Act claim's, subject to Rule 408, Fed. R. Evid. Our File No.: 11-400
Cease and

To Whom It May Concern:

We represent Hawaiian Art Network, LLC, the owner and operator of Hawaii art.com, and its photographer. It is come to our attention that you are using 1 of the photographer's images without authorization on your Website (http://www.
The image, "VT-V40001696555-A-01 HammockNEW V/eb-LG" is used 1time at:
Page URL : http ://www.

Image URL: http:/

Proof of this unauthorized use is enclosed. This is copyright infringement in violation of 17 U.S.C. $ 501. The copyright to these images is registered with United States Copyright Off,tce, and even if your use of the image is an innocent infringement, the infringement subjects you to liability for actual damages, profits for 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 infringement. 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.

Btablished 1974

Conrad

&

Rex Conrad 1935.1,999 I Wiiliam Scherer Scherer, LLP | 633 South Federal Highway, Fort Lauderdale, Florida 33301

Mailing Address

I P.O. Box I4723,Fort Lauderdale,FL 33302 Phone 954.462.5500 | Fax 954,463,9244

www.conradscherencom

May 1,2012 Page? of 4 Demand is hereby made that you immediately remove the images from the above mentioned website and delete all digital copies of the image from your computers and digital storage devices, and destroy ay hard copies of those images maintained in your files. If you believe that you and have received a license to use the above-described images, please provide us 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 work does not relieve you from liability for damages arising from your past infringements. An owner or other individual who has benefited from a copyright infringement may be held liable individually.
Besides violating the copyrights by your infringing uses of the images in question, you have violated section 1202(b) of the Digital Millennium Copyright Act ("DMCA") by removing copyright identification information from the image that was used on your website. Section 1202(b) of the DMCA provides: $1202. Integrity of copyright management information (b)

MANAGEMENT INFORMATION.- No person shall without the authority of the copyright owner or the law -

REMOVAL OR ALTERATION OF COPYRIGHT

(1)

Intentionally remove or alter any copyright management information,

The DMCA provides for minimum statutory damages in the sum of not less than $2,500 more than $25,000 as to each violation. Copyright management information includes the name or of the author of the work. The photographer's name was included on his images wherever those images legitimately appear, but it has been cropped off the image for use on your website. This subjects you to minimum statutory damages of $7,500 for the DMCA violations, in addition to attorneys' fees and costs, as well as additional damages for the copyright infringement. The use of the photographer's image in your website amounts to $656.00 at regular prices in actual damages, in addition to the $7,500 in minimum statutory damages for the DMCA violations, as well as attorneys' fees and costs. In order to avoid the cost and delay of litigation, the photographer will settle DMCA claims and copyright infringement claims for the known infringements through a retroactive license issued by agent, Hawaiian Art Network, LLC, for the infringing past uses. For settlement purposes, Hawaii Art Network, LLC offers a retroactive license from the date of this settlement back2 years for the past website uses shown below only,

Conrad &. Scherer

Attorncyr t Law

i|;4:ay

1,2012

Page 3

of4

for a fee of $8,156.00, to be paid in full before the close of business on May 24, 2012, without Hawaii Art Network and the photographer being caused to incur further
attorneys' fees and costs. Any further attomeys' fees and costs that Hawaii Art Network or photographer must incur in order to resolve this matter will be added to the settlement demand. This settlement amount anticipates removal of the images from the website by May 24,2012. Any other uses of the images, or any other image must be negotiated separately with Hawaii Art Network, LLC.
Accordingly, we hereby demand that you:
(1) Immediately cease and desist from all unlicensed use(s) of the above images. (2) Remit the full $8,156.00 to our office by May 24,2012. (Payable by check to Conrad & Scherer, Client trust account) 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, I LC has a commitment to their photographers to enforce their photographer's copyrights for their images. Consequently, Hawaiian Art Network, LLC must take all infringements of those copyrights seriously, and must take all appropriate steps to pursue those claims.

you carry business insurance, now may be a good time to contact your carrier to determine whether copyright infringement is covered under your policy (many policies cover it o'advertising injury"). You should consult with counsel experienced in copyright litigation as an concerning this matter. This is a settlement offer subject to Rule 408 of the Federal Rules of
Evidence. Sincerely,

If

IVAN J. KOPAS JEFFREY L. KO Attorneys at Law

Enclosures: (1) Image Source (2) Proof of Copyright Infringement CC: Hawaii ArtNetwork, LLC

Conrad &. Scherer

Attorny5 t Lw

}l4ay 1,2072 Page 4 of 4

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