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For

Settlement Purposes Only, Subject to F.R.E. 408 May 2, 2012 VIA Priority Mail with Delivery Confirmation and EMail: gn9jt2ua3ek@networksolutionsprivateregistration.com

Re: Phototake, Inc.'s Copyright Infringement Claim Dear Sir or Madam, If you are represented by an attorney, please forward this letter immediately to your attorney and provide the attorneys name and contact information to me. Phototake, Inc. (Phototake) has retained this firm for representation in the matter of your infringement of copyrights as you currently are using our client's photograph shown below (Photograph) without permission.

LAW OFFICE OF CAROLYN E. WRIGHT, LLC | PO Box 430, Glenbrook, NV 89413 | WWW.PHOTOATTORNEY.COM

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Specifically, you are using the Photograph without authorization of our client or the law at http:// as shown in part below:

Our client's review of prior licenses does not include your use of the Photograph. Therefore, your use of the Photograph without authorization of our client or the law constitutes copyright infringement. The infringement is clear; the only question is the extent of damages to be paid. OUR CLIENT'S RIGHTS PURSUANT TO U.S. COPYRIGHT LAW United States Copyright Law grants exclusive rights to the copyright owner of an image for use of that image, including the rights to: - reproduce the copyrighted work; - prepare derivative works based on the copyrighted work; - distribute copies of the copyrighted work to the public; and/or - display the image. See 17 USC 106 and 501. When those rights are infringed, the copyright owner is entitled to recover damages suffered as a result of the infringement, regardless of whether you acted knowingly or intentionally. See 17 USC 504. Your company, its officers, and third parties performing work for you remain liable for this infringement until it is resolved. See 17 USC 504.

LAW OFFICE OF CAROLYN E. WRIGHT, LLC | PO Box 430, Glenbrook, NV 89413 | WWW.PHOTOATTORNEY.COM

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Since our client timely registered the copyright to the Photographs with the U.S. Copyright Office under registration number VAu000751372, our client may elect either to receive the actual damages caused by and the profits earned from the infringement or statutory damages of up to $150,000 for willful infringement for each copyrighted work. See 17 USC 504(b) and (c). "Willfulness" has a particular meaning under copyright law: [W]illfulness means that the infringer either had actual knowledge that it was infringing the owner's copyrights or acted in reckless disregard of those rights. Brown v. McCormick, 87 F.Supp.2d 467, 482 (D.Md.2000). Evidence that the infringed works bore prominent copyright notices supports . . . a finding of willfulness. See Castle Rock Entm't v. Carol Publ'g Group, Inc., 955 F.Supp. 260, 267 (S.D.N.Y.1997). Lowrys Reports, Inc. v. Legg Mason Inc., et al., 271 F.Supp.2d 737 (D. Md., July 10, 2003). Since our client posted copyright notices with the Photographs, your infringement is presumed to be willful. Our client therefore is entitled to enhanced statutory damages for your willful copyright infringement. Our client also is entitled to receive any legal fees and costs from the infringer. See 17 USC 505. Further, under the terms of the Phototake website at www.phototakeusa.com: in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs. See the "Rights Managed Terms" available at http://www.phototakeusa.com/. OUR CLIENT'S RIGHTS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT In addition, our client posted copyright management information with the Photographs. You removed the copyright management information in violation of 17 USC 1202(b), which states that: No person shall, without the authority of the copyright owner or the law, intentionally remove or alter any copyright management information knowing, or, with respect to civil remedies under section 1203, having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any right under this title. Since you also posted your copyright notice adjacent to the Photographs, thus claiming copyright ownership of it, you are knowingly and with the intent to induce, enable, facilitate, or conceal infringement providing copyright management information that is false and distributing copyright management information that is false, in violation of 17 USC 1202(a). The damages for violating 17 USC 1202 alone start at $2,500 and go to $25,000 per violation, in addition to any fines for copyright infringement. 17 USC 1203(c)(3)(b).

LAW OFFICE OF CAROLYN E. WRIGHT, LLC | PO Box 430, Glenbrook, NV 89413 | WWW.PHOTOATTORNEY.COM

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Our client is therefore entitled to combined damages statutory damages for copyright infringement and statutory damages for the removal of and falsifying copyright management information. SUMMARY OF OUR CLIENT'S CLAIMS AND DEMANDS Thus, our client demands that you: 1. Cease any further use of the Photographs; and 2. Provide an accounting of all of your uses of the Photographs. Copyright infringement is a strict liability offense: you are responsible for any infringing act regardless of your intent. While you may stop using the Photographs, you remain liable for your past infringement. NOTICE TO PRESERVE DOCUMENTS AND DATA You are on notice that litigation is likely regarding your actions concerning the Photographs. You are now obligated and have a duty to preserve all evidence that may be relevant to the dispute discussed above and that may be the subject of pending litigation. This duty of preservation extends to, but is not limited to, data files, e-mails, calendars, telephone logs, access lists, and logs that are located on your computer networks, e-mail servers, mainframes, individual computer workstations, and external drives, or are located on any of those devices within your control but not owned by you, such as your web host. Specifically, but not exclusively, you are on notice that you must preserve all evidence of all of your uses of the Photographs. This duty extends to your employees and agents. We request that you notify your employees and agents of this retention request immediately. Sanctions for violating any of the foregoing duties can be severe and include substantial monetary sanctions, adverse inferences in evidentiary rulings, and the entry of judgments by default. We remain hopeful that we can resolve this dispute short of litigation. The above duties, however, must be satisfied during any settlement or other discussions that we may have. OFFER TO SETTLE OUR CLIENT'S CLAIMS Our client is willing to provide you an opportunity to settle claims against you and end this matter immediately if you send certified funds in the amount of $4,400.00 payable to the following: Law Office of Carolyn E. Wright, LLC, Trust Account PO Box 430 Glenbrook, NV 89413-0430 within ten (10) days of your receipt of this letter. Please note that this amount represents an offer of settlement but does not reflect the damages that our client can and will seek in a court proceeding, including attorneys' fees pursuant to 17 USC 505 and 1203. Rather, this settlement offer reflects what our client will accept if no further actions against you are necessary. If you do not accept this offer, our client reserves the right to seek the maximum available damages under the law, which far exceed this amount. Be advised that if you are unwilling to resolve this matter as noted above, our client may initiate formal litigation at any time without further notice to you. If you carry business insurance, now may be an

LAW OFFICE OF CAROLYN E. WRIGHT, LLC | PO Box 430, Glenbrook, NV 89413 | WWW.PHOTOATTORNEY.COM

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appropriate time to contact your carrier to determine whether our client's claims are covered under your policy. This letter is without prejudice to our clients rights and claims, which are expressly reserved. We look forward to receiving your timely response. Sincerely, /s/ Leslie Burns, Esq. (213) 632-9871 leslie@photoattorney.com

Leslie Burns

LAW OFFICE OF CAROLYN E. WRIGHT, LLC | PO Box 430, Glenbrook, NV 89413 | WWW.PHOTOATTORNEY.COM