available on its website, but it cannot control the removal or alteration of any notice once an image is no longer withinMasterfile’s control. Under the
, the end user is liable for copyright infringement. It does not matter whodesigned the website. Unless your web designer agrees to assume responsibility for this matter – and they have not – wewill pursue a claim for copyright infringement against you for the unauthorized use of these images. Masterfile is in noposition to determine how these images were provided to you or whether they included a copyright notice when the imageswere provided to you. The fact that there may not have been a copyright notice when the image was provided to you doesnot mean that there is no copyright protection. Masterfile is in the business of licensing images, which includes seekingcompensation for its artists when our images are used without authorization. That is exactly what we are doing. We havenothing to hide.Masterfile sent you proof of copyright on December 22, 2011 via email. Certificates of Registration are issued to MasterfileCorporation (“Masterfile”) by The Library of Congress, United States Copyright Office for the registration of our rights-managed, copyright protected images. Regarding your statement that you do not believe that our rights-managed imagenumber 700-00918454 is properly registered with a Certificate of Registration number, please note that under Section 410 of the United States
, the effective date of registration is the date on which the completed application for registration was received by the United States Copyright Office if it determines that the works are eligible for copyrightregistration. All of Masterfile’s applications for registration have been granted by the Copyright Office. If this is unclear to youfor some reason, or you wish to verify our registration of the Masterfile image related to this matter, you are free to contact theCopyright Office directly. Following is a link to their website which contains contact information on how to reach them if youwish to conduct additional research (www.copyright.gov). With respect to “innocent infringement”, it is only a defense to the measure of statutory damages and not a defense toliability. Moreover, it is your burden, and a heavy one, to show that you are entitled to the lowest measure of statutorydamages based on qualifying as an innocent infringer. Depending on the circumstances, Masterfile may elect to receiveactual damages instead of statutory damages. Contrary to your position, your client’s use of Masterfile’s rights-managedimages has caused damages to Masterfile and the artists that it represents as Masterfile has not been able to pay royalties toits artists for your client’s use of the images. It also potentially harms Masterfile’s ability to license these rights-managedimages. For these images, Masterfile needs to carefully track and control their licensed use so that its clients can know if their competitors have used the same (or even similar) images by providing usage histories for rights-managed images.These rights-managed images are more expensive to license than other types of stock images, and the control of their use isvitally important to Masterfile’s business. The bottom line is that Masterfile’s business is licensing images so it harmsMasterfile’s business when it is not compensated for the use of its images.Based on your claim that the image was posted on your website for 25 days, Masterfile is willing to resolve this matter for thesum of Five Hundred United States dollars (US$500.00). This offer is based on your 1 month usage. This final offer to settlefor a retroactive license will expire on
January 12, 2011
If you wish to accept our offer to settle this matter amicably, pleasecontact me on or before the expiry date.
Be advised that if
this matter is not resolved immediately, Masterfile will be left with no choice but to release this matter for further action. In such event, Masterfile will seek all remedies available under the
, including statutory damagesand or actual damages and all legal costs. Masterfile treats copyright infringement as a serious matter and we are prepared tovigorously enforce our legal rights.
This letter is an attempt to settle this claim. Masterfile reserves all its rights and remedies whether legal or equitable. Best regards,
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