I have recently received a similar letter from a different lawyer representing the same company. Does anyone know who brandon sand sent that letter to? I would like to touch base with them and how things turned out or proceeded.
Dear Mr.
Re: Cease and Desist Demand and Offer to Settle Copyright Infringement Claim
I represent Hawaiian Art Network LLC (HAN), the owner and operator of HawaiiArt.com and HawaiiPictures.com, and photographer V.K. Tylor.
It has come to our attention that you are using one (1) of Mr. Tylor’s images without authorization on your website
My client’s Image is used at:
Page URL:
Image URL:
Copyright subsists in Canada in this work by virtue of Section 5 of the Canadian Copyright Act and the Berne Convention. Even if your use of the image was an innocent infringement, you could be liable for statutory damages as high as $20,000 as set forth in Section 38 of the Copyright Act plus the legal costs of proceeding against you. We have copies of your unlawful use to preserve as evidence.
Demand is hereby made that you immediately remove the image from the website, delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of the image maintained in your files. If you believe you have been granted a license to use the above-described image, please provide me with any documentation upon which you base that belief.
Removal of the infringed work does not relieve you from liability for damages arising from your past infringement. An award of statutory damages for the copyright infringement would likely be multiples of actual damages and would also include legal fees and costs of bringing suit.
My client prefers to settle claims amicably whenever possible and without recourse to lengthy and expensive litigation. For settlement purposes, Hawaii Art Network offers settlement for a fee of $2,268.00, including legal fees incurred to date and a retroactive license back two years for the past website uses. Kindly pay this amount in full on or before October 31, 2011, without Hawaii Art Network and Mr. Tylor being caused to incur further legal fees and costs. Any further legal fees and costs that Hawaii Art Network or Mr. Tylor must incur in order to resolve this matter will be added to the settlement demand. This settlement amount anticipates immediate removal of the image from the website by October 31, 2011 with no future uses. Any other uses of the image, or any other image must be negotiated separately with Hawaii Art Network (I can provide contact details).
Accordingly, we hereby demand that you:
1. Immediately cease and desist from all unlicensed use of the above image, remove the image from the website and delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of the image maintained in your files.
2. Remit the full amount of $2,268.00 to my office by October 31, 2011. (Payable to: Hawaii Art Network) A copy of the transmittal for your payment with a copy of the check should also be mailed directly to Hawaii Art Network, 1888 Kalakaua Ave., Suite C312, Honolulu, HI 96815.
Hawaii Art Network has a commitment to their photographers to enforce the copyrights for their images. Consequently, I have been instructed by my client to take all appropriate steps to pursue this claim. Again, my client would like to settle this claim amicably; please feel free to contact me directly to discuss further.
Topic: Brandon Sand Settlement Demand Letter (Read 25236 times)