June 14, 2013

Via U.S. Mail

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FOR SETTLEMENT PURPOSES ONLY PURSUANT TO FRE 408
RE: Getty Images v.
Attention:
Case No. 983568
Demand Amount: $1,820.00
Website: http://www.xenoslaw.com
61 7 Lee Street
Seattle, WA 98109 USA
p.206-330-0108/ f.206.381.1988
com
Timothy B. McCormack
Attomey at Law
We have made numerous attempts to resolve Getty Images' pending copyright infringement
claim. Our hope was to discuss with you the logistics of a pretrial settlement. We have tried to
resolve this copyright infringement claim amicably but unfortunately, we have not been able to
reach a settlement agreement or compromise. Your communication has been intermittent or non-
existent.
This remains an active and open claim that does need to be resolved. Please consider
this our fmal warning. There is still time to avoid escalation of this case. Jn order to help
avoid that possibility, however, I need to hear back from you immediately. If I do not hear from
you we will recommend litigation to Getty Images.
The settlement demand includes the cost of licensing and protecting the creator of the
intellectual property, but it is much less than the amount we would expect to recover through
formal legal proceedings. What is relevant is the fact that a photographer, whose livelihood
depends on selling licenses to use their imagery, has not been compensated for the use of their
imagery on the website at issue. I urge you to consider this very serious matter and remit the
settlement demand.
As you may be aware, there have been several recent decisions regarding copyright
infringement that have generated publicity. In each decision, the infringer was required to pay a
substantial amount of damages for infringing on copyrighted material. The following examples
help illustrate the repercussions of infringing on copyrighted work$:
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Shoe company required to pay $1,315 ,800 for the unauthorized use of five of
photographer's images, despite actual damages worth only $12,800.
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Minnesota woman required to pay $1.92 million, or $80,000 per infringement, for
infringing on 24 copyrighted works.
Rhode Island man required to pay $675,000, or $22,500 per infringement, for
infringing on 30 copyrighted works. A typical settlement offer for similar claims
was $5,000.
As a final good faith effort to avoid litigation, Getty Images is willing to extend the above
referenced settlement offer for an additional 10 days. My client may be willing to offer a
payment plan (for an additional $300.00 administrative fee) if needed. This ofter is made without
prejudice to Getty Images' rights and remedies under copyright law, all of which are expre8sly
reserved.
May I suggest that you review business insurance for possible
coverage as an "advertising injury." This type of coverage is often found in general business
liability policies. If there is such coverage it might be wise to use it.
Thank you for your prompt attention to this matter. Please cont act me no .later than June 24,
2013 to discuss this matter further. My direct line is: 206-330-0108.
Sincerely,
Lauren A Kingston
Attorney
Lauren@McCormackLegal.com
206-330-0108