Higbee Associates .5. Nt?tTlUNitL November 26, 2018, Re: Claim Number: BUSES FRE 408 Settlement Communication Dear Daniel Quinn, The Law Firm of i-Iigbee 8: Associates represents Michael Grecco Photography, Inc. . Copyright images owned by Michael Grecco Photography, Inc. were discovered on DQuinn.net website{s). Please see the attached exhibits that show the use of the copyrighted works. Our client has no record of you having a license to use their copyrighted work and has authorized us to contact you on their behalf. if you have a license, please contact us immediately with a copy of that license at claims@higheeassociates.com, please include the claim number (517865). Michael Grecco is an accomplished photographer whose photos have been used by the world's biggest news outlets. His photos typically license for $15,000 to $35,000 a year. The unauthorized use of his work hurts his livelihood and results in him having to spend tens of thousands of dollars and countless hours stopping such use. If DQuinn.net does not have a license, we believe the use of the work is a violation of The Copyright Act, Title 17? of the United States Code. As the violation occurred on a company website, the company is liable for the unauthorized use, including cases in which a website designer, employee or a third party is responsible for the inclusion of this image on your website. Even if your use of the image without a license was unintentional, for example; if the image was found on the intemet and believed to be available for free use, it is still a vioiation of copyright law, and ceasing use of the images now may reduce the liability, but not release you or your organization from liability. The unauthorized use of my client's work threatens my client?s livelihood. While Michael Grecco, does have the right to bring a lawsuit for damages, my client is willing to settle this in an amicable way, out of court and without a lawsuit. 1 was asked to contact you and see if we can negotiate a settlement and save everyone the stress and costs of going to court. Please know that I only have a limited amount of time to settle this claim out of court. If forced to go to court, my client will ask for the maximum relief possible, which may include statutory damages under U.S.C. ?504 for up to $150,000 for intentional infringement or $30,000 for unintentional infringement. My client would also ask the court to have you pay court costs and attorneys fees. Copyright lawsuits can result in judgments, wage gamishrnents and liens on property. in some instances, the business owner can he held individually liable. his type of claim is often covered by business insurance. You may wish to forward this to your insurance carrier. You may also wish to hire an attorney. If we do not hear from you within 30 days from the date of this letter, we will have no choice but to take this to mean that you do not have a license and do not want to settle this matter out of court. To resolve this matter efficiently and amicably out of court, please follow these steps: Claim number: 517855 Printed: November 26. 2018 14:02 Corporate HQ 1504 Brookhollow Dr. Suite 112. Santa Ana. CA 92705 Phone [800) ?i.6-1245 Fax [714} 597-6559 Web Within five business days after receipt of this letter, remove all occurrences of the image from your website(s), cease using it in any way, and confirm in writing that you have done so. AND (2) Within seven business days after receipt of this letter, return to our firm the attached Release License, along with your payment in the form of a valid cashier's check or money order i or $2000!) payable to ?I-Iigbee Associates Client Trust Account?. This can be returned to us via US Mail. You can also pay over the phone or online at Your login is 517865. Your password is scm40q2e. If you choose to make your payment online, you can return the Release License via email to claims@higbeeassociates.com. Please include the case number (51?855] in the subject line. Please feel free to call or email us to discuss this matter, 800-716-1245 or send email to claims@higbeeassociates.com Sincerely, as Mathew K. Higbee Attorney at Law Claim number: 517355 Printed: November 26. 2018 14:02 EXHIBIT A Infringing webpages:  https://dquinn.net/stranger-things-higher-dimensions-upside-down/ Infringing file locations:  https://dquinn.net/wp-content/uploads/2016/03/20621698-791x404.jpg Infringing images and screenshots are shown below. You can receive copies of these images via email by sending a request to infringements@higbeeassociates.com. The email must include the case number (517865) in the subject line.   Claim number: 517865 Printed: November 26, 2018 14:02 Registration Number *-APPLICATION-* Title Title of Work: Grecco Photography X-Files 5 Completion/Publication Year of Completion: Date of 1st Publication: Nation of 1st Publication: 1993 October 25, 1993 United States Author Author: Author Created: Work made for hire: Citizen of: Domiciled in: Year Born: • Michael Grecco photograph No United States United States 1958 Copyright Claimant Copyright Claimant: Michael Grecco Productions, Inc. 3103 17th Street, Santa Monica, CA, 90405, United States 0 1 Rights and Permissions Organization Name: Name: Email: Telephone: Address: Michael Grecco Productions, Inc. Michael Grecco michael@michaelgrecco.com (310)452-4461 3103 17th Street Santa Monica, CA 90405 United States Certification Name: Date: Michael Grecco January 22, 2017 Page 1 of 2 File Listing Page 1 20170122_Grecco_Photography_X-Files_5 Name Kind Size Date Modified 19930625_X-Files_The_MGP_0010.jpg Adobe Photoshop JPEG file 3 KB 7/19/16 at 11:44:42 AM 19930625_X-Files_The_MGP_0011.jpg Adobe Photoshop JPEG file 477 KB 1/20/17 at 5:37:20 PM 19930625_X-Files_The_MGP_0012.jpg Adobe Photoshop JPEG file 13 KB 7/16/16 at 10:19:26 PM 19930625_X-Files_The_MGP_0013.jpg Adobe Photoshop JPEG file 43 KB 1/20/17 at 5:36:11 PM 19930625_X-Files_The_MGP_0014.jpg Adobe Photoshop JPEG file 164 KB 3/30/16 at 9:41:06 PM 19930625_X-Files_The_MGP_0015.jpg Adobe Photoshop JPEG file 35 KB 3/30/16 at 9:37:55 PM 19930625_X-Files_The_MGP_0016.jpg Adobe Photoshop JPEG file 46 KB 3/30/16 at 9:39:29 PM 19930625_X-Files_The_MGP_0017.jpg Adobe Photoshop JPEG file 21 KB 3/30/16 at 9:55:19 PM 19930625_X-Files_The_MGP_0019.jpg Adobe Photoshop JPEG file 6 KB 3/30/16 at 10:18:49 PM 19930625_X-Files_The_MGP_0020.jpg Adobe Photoshop JPEG file 3 KB 3/30/16 at 10:19:02 PM 19930625_X-Files_The_MGP_0021.jpg Adobe Photoshop JPEG file 5 KB 3/30/16 at 10:34:46 PM /Users/MG/Desktop/Images that need to be registered for Copyright/20170122_Grecco_Photography_X-Files_5 Sunday, January 22, 2017 at 6:45:54 PM Mathew Higbee: CA # 241380, MI # P73980, MN # 0388759, NV # 11158, OR # 106514, UT # 11133, WA # 42755, TX # 24076924 Ray Ngo: UT # 11936, NY # 4780706 Melissa Clark: CA # 247998, AZ # 024644, UT # 11271, FL # 62465 Virginia Kostmayer: CO # 45648, IL # 255433 LETTER OF REPRESENTATION POWER OF ATTORNEY RE: Michael Grecco To Whom It May Concern: Please be advised that the Law Firm of Higbee & Associates has been retained by Michael Grecco regarding a copyright infringement matter. As such, we have been appointed as attorney in fact with full power and authority in determining the validity of the above matter and assist in any negotiation, settlement, and payment. We are further authorized to pursue any legal remedies available to our client as a result of this matter. Any attorney, staff member or agent of Higbee & Associates is hereby authorized to discuss any effort to settle and resolve the above matter. Effective immediately, all communication (mail, phone, electronic or otherwise) regarding the above matter must be forwarded to Higbee & Associates at: Higbee & Associates 1504 Brookhollow Drive, Suite 112 Santa Ana, CA 92705 (714) 617-8385 Telephone Sincerely, The undersigned have retained Higbee & Associates and grant full power and authority as described above. Date: October 12, 2016 Client: ___Michael Grecco____ Signature: ______________________________ RELEASE AND SETTLEMENT AGREEMENT   This RELEASE AND SETTLEMENT AGREEMENT  ("Agreement") is entered into on November 26, 2018 (“Effective Date”) by and between Michael Grecco Photography, Inc. ("RELEASOR") and DQuinn.net ("RELEASEE") (the "Parties" or individually the "Party").   The Parties agree as follows:   1. The Parties acknowledge and agree that this Agreement is made in resolution to the RELEASEE's alleged unlicensed use of image(s) referenced in the Exhibit(s) below (“Images”).   2. RELEASOR hereby represents and warrants that it has the exclusive rights in the settlement and resolution of the claims related to the alleged unlicensed use of the copyrighted Images.   3. In consideration of the release and other consideration granted herein, RELEASEE will pay to RELEASOR the sum of $20,000.00 by November 26, 2018. Upon Payment in full, RELEASOR will release RELEASEE form all copyright claims arising out of the use of the Images through the Effective Date.   4. Payment shall be made payable to “Higbee & Associates Client Trust Account” and delivered to 1504 Brookhollow Dr., Suite 112, Santa Ana, CA 92705. Payment may also be made online at http://copyright.higbeeassociates.com/resolution   ADDITIONAL TERMS AND CONDITIONS   5. Except for the agreements, obligations, and covenants arising under this Agreement, the Parties will release the other party from any and all claims arising from the use of the Images.   6. The Parties acknowledge that all terms of this Agreement are supported by legally sufficient consideration so as to make this Agreement binding and valid.   7. The terms of this Agreement are confidential; provided however, that each Party may disclose the terms of this Agreement, as necessary to enforce its terms, in response to valid legal process or as otherwise required by law, and/or to its financial advisors and/or legal advisors.   8. The Parties warrant that they have read and understand the provisions of this Agreement and have full authority to execute and consummate the transactions contemplated by this Agreement.   9. This Agreement may not be modified or amended except by written agreement, signed by all Parties.   10. This Agreement, along with its terms and conditions will be binding upon and inure to the benefit of each of the Parties and to their heirs, executors, administrators, successors in interest and assigns.   11. The Parties acknowledge that if any provision or application of this Agreement is held invalid or unenforceable then any such provision will be deemed severed from this Agreement and the remaining provisions and applications of this Agreement will not be affected, but will remain valid and enforceable.   12. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles, notwithstanding the fact that one or more counterparts hereof may be executed outside of such state, or one or more of the obligations of the Parties hereunder are to be performed outside of such state. Any suit, action or proceeding to determine, construe or enforce any provision of this Agreement, or the rights of any party hereunder, will be brought in the State of California, and the Parties agree that jurisdiction will lie therein.   13. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement, or to interpret or enforce any Case number: 517865 Printed: November 26, 2018 14:02 rights under this Agreement, the prevailing party is entitled to recover reasonable costs and attorney’s fees from the other party.   14.  Payments that are received more than 5 calendar days late will be accessed a $40 late fee. Additionally, an interest rate based on a 15% annual will be charged on overdue balances after 30 days.   15. This Agreement constitutes and contains the entire agreement between the Parties with respect to the alleged unlicensed use referred to in this Agreement and there are no other agreements, understandings or representations with respect to this subject matter, which are not expressly set forth herein.   16. This Agreement can be signed in counterparts.         ____________ _______________________ Daniel Quinn On Behalf of RELEASEE(s)DQuinn.net       Date       _______________________       Mathew K. Higbee, Esq. on Behalf of Licensor(s) Michael Grecco Photography, Inc.       November 26, 2018 ____________ Date     Case number: 517865 Printed: November 26, 2018 14:02   CREDIT CARD PAYMENT AUTHORIZATION FORM   The Law Firm of Higbee & Associates offers interest-free payment plans through our automated billing system. Sign and complete this form to authorize the Law Firm of Higbee & Associates to make the agreed upon credit or debit card or ACH payments. RELEASEE agrees to pay the settlement amount of $20,000.00 in 1 automatic payment.   By signing this form you give us permission to bill your credit/debit card or bank account for the amount indicated on the dates above plus any additional fees, penalties, or interest charges which have accrued in accordance with the Release and Settlement Agreement ("Settlement Agreement"). This is permission for all transactions related to the Settlement Agreement, and does not provide authorization for any additional unrelated charges.   Please complete the information below:   PAYMENT METHOD (Please Choose One & Provide Requested Information):   CREDIT CARD Name as it Appears on Card: __________________________________________ Credit Card #: ______________________________________ Expiration Date: __________________ CCV (Security Code): ____________ Billing Address: ________________________________________________   ACH / DIRECT DEPOSIT Name on the Account: __________________________________________________________ Account Type: ▢ Savings ▢ Checking Account #: __________________________________ Routing #: ______________________________ Bank Name: ______________________________________________________________   I hereby authorize The Law Firm of Higbee and Associates to automatically bill my account on the dates indicated in the payment plan above.   PRINT NAME: ________________________________________________________ TITLE: ________________________________________________________ COMPANY: ___________________________________________________   Signature: ________________________________________ Date: _______________   I authorize the above named business to charge the credit card indicated in this authorization form according to the terms outlined above. This payment authorization is for the goods/services described above, for the amount indicated above only, and is valid for the specified use only. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this form. Case number: 517865 Powered by TCPDF (www.tcpdf.org) Printed: November 26, 2018 14:02