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June 14,2011 VIA FEDERAL EXPRESS

Mastedile Corporatron 3 Concorde Gate,4th Floor To.onto. Ontarlo. Canada M3C 3N7

416 929 3000 tel 800 387 9010 toll {ree 416 929 2104 fax

rnastedile.com

Mesa, Arizona

usA,85206
Dear Mr.

Notice of Copyright lnfringement - tttww

com

Masterfile Corporation ("Mastefile") is in the business of licensing rights-managed images for commercial reproduction and publication by clients around the world.
It has come to our attention that you have published one (1) of 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
reference.

The image is represented exclusively by MasterJile and registered in the Copyright Office of the United States Library of Congress, You may verify Mastedile's ownership by visiting www.masterJile.com and entering the respective image code in the search engine.
MasterJile can find no reference to 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 of the unauthorized usage. Also note, the Copyright Act provides for individual liability for all those associated with the infringement as well as corporate liability.
Rather than initiate a legal action for ccpyright infringement, Masterfile is proposing, on a without prejudice basis, the following settlement: Masterfile is willing to arrange for a retroactive license in accordance with Masterfile's terms and conditions published at www.masterfile.com, provided that you: (a) cease and desist from any and all unauthorized uses of the image; and (b) pay the retroactive license fee noted in the enclosed claim invoice within ten (10) days. Please return the enclosed stamped claim along with your payment in order for Masteffile to conclude this matter. lf you do not comply, Mastedile will be obliged to continue its legal process without further notice to you. We woutd rather not take such action and are hopeful that a reasonable settlement can be arranged.

Subject to your payment of the retroactive licensing fee, you are welcome to inquire about continued use of our image for your purposes. Please contact me immediately to discuss arranging a license in this capacity.

ma,!ten{ilz
Masterfile treats copyright infringement as a serious matter. As such, Masterfile makes every effort to ensure its intellectual propedy is protected and it pursues all cases of unauthorized use. ln our experience, many copyright infringements result from a lack of controls or a lack of knowledge about copyright on the part of infringers but that does not alter the law or Masterfile's right and responsibility to its contributing artists to receive financial compensation for the use of its intellectual property. We are hopeful that this matter can be resolved quickly and amicably and are prepared to co-operate 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 protections under law.

of Masterfile's

rights,

The information on this notice of copyright infringement is accurate and under the penalty of perjury, the undersigned is authorized to act on behalf of Masterlile with respect to this matter.
lf you have any questions, kindly contact me without delay. Yours truly,

7zM
Ken MacDonald

Copyright Compliance Officer

KM/lw
Encl.

mnitolrftIe
_===\Attn:

Masterfile Corporation 3 Concorde Gate, 4th Floor Toronto. Ontario. Canada M3C 3N7

416-929_3000
800-387-9010 toll free 416-929-2104 fax
finance@mastertile.com

masterfile.com

CLAIM No.
2011 Jun 09 - Page 1 of
Rep:
Legal Compliance
1

LICENSEE:

Mesa, AZ

usA,85206
NO REPRODUCTION COMPLIANCE FEE LICENSING THE RETROACTIVE USE OF ONE (1) IMAGE RIGHTS GRANTED: ON WEBSITE AT WWW. OM, FOR (MORTGAGE LENDING), UNTIL JUNE 28, 201 1, TO CONSUMERS - USA.
: ALL OTHER RIGHTS RESERVED : NO SECONDARY USAGE, COMMERCIAL OR : ELECTRONIC RIGHTS WHATSOEVER ARE GRANTED : OR IMPLIED, UNLESS LICENSED BY MASTERFILE

No rights are granted herein until this lnvoice/License has been paid in full. Such payment constitutes irrevocable acknowledgement that License understands and agrees to the terms of this lnvoice/License and Masterfile's Tenns and Conditions of Licensing located at www.masterlile.cony'terms.html (collectively, the 'Agreement'). The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No purchase order or similar document issued by the Licensee will modify the Agreement. The Agreement may only be modified in writing by an officer of Masterfile Corporation.

lmage Number: Caption:

700-00044520
Business Handshake Brian Pieters No Yes

Size:

home & sec page

Rate:

US$

4020.00

Artist:
Property Release: Model Release:

PAY THIS AMOUNT >>>>>

Payable Upon Receipt -

TOTAL:

US $

4020.o0

PRINTED

oN 2or 1.06.to AT

1 1

128:22

MASTERFILE CORPORATION
FREQUENTLY ASKED QUESTIONS

Who is Masterfile Corporation?


Masterfile is a stock image agency/library. We acquire, organize, distribute and license images for commercial use in media ranging from print advertising to websites. Our images are acquired under exclusive contract from professional photographers and illustrators who are paid a royalty every time an image is licensed. Our clients include advertising agencies, designers. publishers, multimedia producers and corporations throughout the world.

lf I remove the image(s), is the matter resolved? No. When a rights-managed image(s) is used without a license, the immediate removal of the image(s) is critical.
Removing the image mitigates your liability; however this does not completely resolve the matter. The use of Masterfile's image(s) requires appropriate licensing covering any and all uses. Payment of an applicable retroactive license is required to resolve the matter completely.

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 the image(s), without a valid license from Masterfile, constitutes copyright infringement. According lo Ihe Copyrigltt Act, it does not matter who designed your website or that there was no intention to commit copyright infringement. You, as the end user, are liable for the infringement and have a responsibility to pay the appropriate retroactive licensing fees for use of the image(s). Masterfile will not be contactino the desiqner in an attempt to resolve this issue unless he/she contacts Masterfile directly and agrees to take responsibility for the unauthorized use. Masterfile is not privy to the agreement that you may have had with the designer so it is your responsibility to work with the designer if you believe he/she is
responsible. What if I purchased the image(s) from a subscription service or online as part of a template? Masterfile is the exclusive representative of the image(s) in quesiion, This means that the image(s) cannot be licensed by anyone else. According to the Copyright Acl, as the enduser, you are ultimately responsible for ensuring that you have obtained the appropriate licensing or rights to use the image(s). This means that if you purchase or acquire inrages from a subscription service or a website that provides lemplates, you are still liable for- copyright infringement if that company did not properly license the image(s) for your use.

What if I didn't know that the image(s) had to be licensed? Your use of the image(s), without a valid license from Masterfile. constitutes copyright infringement. According to the Copyright Ac{, it does not matter that there was no intention to commit copyright infringement or that you didn't know the image was copyright protected and needed to be licensed. You, as the end user, are liable for the infringement and have a responsibility to pay the appropriate retroactive licensing fees for use of the image(s). Unfortunately, your lack of knowledge does not excuse or dismiss your unauthorized use, nor does it waive your obligation to pay the amount requested in the claim for copyright infringement. What if lfound the image(s) on the internet and there was no copyright notice? Just because an image is displayed on the internet does not mean that it is in the public domain". The term "public domain'' is a narrowly defined exception Iolhe Copyright Act that deals specifically with works in which copyright has expired or where the copyright owner has made a clear declaration that the work is not subject to copyright. Fu(hermore, the fact that there may not have been a copyright notice. depending upon where you found the image, does not mean that there is no copyright protection. The image(s) in question is a rights-managed image(s) represented exclusively by Masterfile. The use of rignts-managed rmages represented by Masterfile requires a license covering each and every use.

Version - 2008-08-05

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