BATEMAN IP A Professional Corporation Salt Lake Office 257 East 200 South, Ste. 750 Salt Lake City, Utah November 15, 2013 VIA US MAIL AND EMAIL Mailing Address Post Office Box 1319 Salt Lake City, Utah 84110 Utah County Office Mr. Richard Kyanka Something Awful LLC 220 N State Route 7 Pleasant Hill, MO 64080 lowtax@somethingawful.com Re: 1373 South 740 East Orem, Utah Tel. (801) 533-0320 Fax. (801) 533-0323 www.batemanip.com Cease and Desist Letter Re McPherson Photographs Our File No. 6069.MMCP.MS Dear Mr. Kyanka: We represent Mia McPherson with respect to certain intellectual property matters. Ms. McPherson is a wildlife photographer located in the Salt Lake City area. Recently we viewed your website at http://www.somethingawful.com/photoshop-phriday/put-butts-things/41 and were surprised to see one of Ms. McPherson's photographs in an article entitled Put Butts on Things! by Andrew "Garbage Day" Miller. Ms. McPherson's photograph had been altered to remove her copyright notice and a butt was placed over the red-tailed hawks face. A copy of infringing image is attached hereto. Also attached, is a copy of Ms. McPherson's photograph including the copyright notice. Ms. McPherson is very selective as to those who are allowed to use her photographs and she has not approved of the use of any of her photographs on your website. The unauthorized use of our client's photographs constitutes copyright infringement pursuant to 17 U.S.C. §§ 101 et seq. Pursuant to the Copyright Act, Ms. McPherson is entitled to damages for the infringement. Moreover, removal of her copyright notice is a violation of 17 U.S.C. § 1202. To resolve this matter amicably, we must demand that you remove the infringing material 'from the website immediately. Additionally, we must also demand that you provide compensation to Ms. McPherson in the amount of $1,250.00 per infringing photograph, plus $2,500.00 as the statutory minimum for the removal of Ms. McPherson's copyright notice. Additionally, we will require a written agreement wherein you agree not to copy any of her photographs in the future without her express written consent. Additionally, please consider this letter a demand for an evidentiary hold on all documents, whether in hard or electronic form relating to the above-referenced website and the use of Ms. McPherson's photographs. Any destruction of evidence after the date of this letter will be judicially pursued with a request for sanctions and all other remedies agreed to by the Court. BATEMAN IP A Professional Corporation We look forward to your response within 10 days of the date of this letter. Should you wish to discuss this with me please contact me directly. Very Truly Yours, RBB/rr Cc: Mia McPherson Enclosures Note the copyright notice at the bottom of Ms. McPherson's photograph Infringing photo from