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48952624-Alaska-Stock-Murphy-Gonzalez-Copyright-Infringement-Cease-and-Desist-Letter

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48952624-Alaska-Stock-Murphy-Gonzalez-Copyright-Infringement-Cease-and-Desist-Letter Powered By Docstoc
						
  
	
  
	
                                                                                                                                                              1752 NW Market St, #211
	
                                                                                                                                                              Seattle, WA 98107	
  
	
                                                                                                                                                              T 206 903 8182
	
                                                                                                                                                              F 206 903 8183
	
                                                                                                                                                              E eric@imualaw.com	
  
	
  
	
  
Padriac Sheridan                                                                                                                                                      September 13, 2010
Murphy & Gonzalez
5020 39th Place, Apt. #3
Sunnyside, NY 11104

via mail and email to padriacsheridan@yahoo.com, info@murphy-gonzalez.com

Re: Copyright Infringement of Alaska Stock Image #351PL_AA0001D001_P

ACTION REQUIRED: Respond by September 23, 2010

Dear Padriac Sheridan:

       I represent Alaska Stock LLC, the owner and operator of AlaskaStock.com, a leading
provider of rights managed stock photography images.

         It has come to our attention that you are using Alaska Stock Image
#351PL_AA0001D001_P on your website, murphy-gonzalez.com, without authorization. Proof
of this unauthorized use is enclosed. This is copyright infringement in violation of 17 U.S.C. §
501.

         U.S. copyright law makes clear that any reproduction, distribution, or display of a
copyrighted work without authorization from the copyright holder constitutes infringement.
Copyright infringement is a strict liability offense: you are responsible for any infringing act on
your website regardless of your intent. Removal of the infringing work does not relieve you from
liability for damages arising from your past infringement.

        Additionally, your website claims “© 2008 Murphy & Gonzalez.” As you are not, in fact,
the lawful copyright holder of #351PL_AA0001D001_P, your action constitutes the falsification
of copyright management information under 17 U.S.C. § 1202(a).

        A copyright holder is entitled to seek statutory damages up to $30,000 per infringement
as well as statutory damages of not less than $2,500 or more than $25,000 per falsification of
copyright management information, in addition to attorney’s fees and costs. Swift and amicable
settlement, however, is preferable to protracted litigation. Therefore my client is asking that you
pay $11,750 to settle this matter.

                                                                               	
                 	
                 	
                    	
     	
     	
           	
       	
   	
  
                                                                                                                                                                             imualaw.com
	
     Imua	
  Legal	
  Advisors	
  is	
  a	
  trade	
  name	
  of	
  The	
  Law	
  Offices	
  of	
  John	
  E.	
  Grant,	
  PLLC   	
  
       Accordingly, we demand that you:

              (1) Immediately cease and desist from all unlicensed use of the above image number.
              (2) Remit the full $11,750 to my office by September 23, 2010.
              (3) Identify and provide contact information for any person or party responsible for
              the content on your website, including your web developer.
              (4) Identify and provide contact information for your website hosting company.
              (5) Provide the name and policy number of your insurance carrier.
              (6) Preserve all evidence, physical and digital, relating to the claims of this letter.

        Should you choose not to cooperate with these demands, we reserve the right to seek all
available remedies.

       If you carry insurance, now would be a good time to contact your carrier to determine
whether copyright infringement is covered under your policy (many policies cover it as an
“advertising injury”).



                                                Sincerely,
                                                Imua Legal Advisors




                                                Eric S. Meltzer, Esq.



enclosures:

(1) Copy of Source Image
(2) Evidence of Infringement

cc: Client




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                               RIGHTS-MANAGED IMAGE

                                     Return to search results
                                                                                      Image Number:
                                                                                      351PL AA0001D001 P

                                                                                      Alaska Governor Sarah Palin official portrait November 2006

                                                                                      Model/Property Release info:
                                                                                      Not released. If a person is in this photo it may only be used for
                                                                                      EDITORIAL uses. Please contact Alaska Stock.
                                                                                      Image Availability: Approx. 2 hours during business hours.


                                                                                          buy prints & gifts

                                                                                          return to search results


                                                                                      To calculate price, order high-res, or use lightbox and cart features,
                                                                                      please Sign-in or Register.


                                                                                      Keywords: Select keywords below and click "search selected" to
                                                                                      initiate a new search.

                                                                                      Show images that           All checked               Any checked
                                                                                      have:                      keywords                  keywords
                                                                                           090308                    female              portrait
                                                                                           090908                    front               posing
                                                                                           101508                    governor            republican
                                                                                           30's                      indoor              sarah palin
                                                                                           adult                     nominee             smiling
                                                                                           akstock                   official            studio
                                                                                           alaska                    one                 united states
                                                                                           caucasian                 palin               vice president
                                                                                           face                      person              woman


                                                                                        search selected




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To download image for comp use:

1.   Right click on the image. (Control-Click on Macintosh)
2.   Select the Save Picture As... option from the pull-down menu that appears.
3.   Choose the destination file where you want to save the image.
4.   Click Save and the image will begin to download to the chosen location.

Note: If prompted to save as format Source or Text, select Source




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