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July 10, 2013

Mr. Simon McGrath

License Compliance Department

Getty Images

605 5th Avenue S., Suite 400Seattle, WA 98104 USARE:

Dear, Mr. McGrath,

Thank you for your response dated 6/27/2013 (copy attached) to my letter (6/9/2013).

appreciates the fact you can see one stark difference between the two photos in question.

However, if you were to look more closely, there are several others. As stated in the previous letter, all of

the sky, beach ball, and beach sand are drastically different than the image represented by Getty Images.

You state in your letter the image used on website is clearly a derivative

version of the original work. Can we agree the only similarity in the two derivations of these works is the

elephant? So, it is only the photograph of the elephant that we are truly discussing, NOT the images

background or other foreground elements. As both of these images are, obviously, works of fiction, how

can anyone be sure which is the true original? I have been able to locate twelve (12) derivations to the

image Getty claims to represent. Each of those derivations has been printed for your review. Let it be

known that neither I, nor anyone else obtained by altered the image in

question. Did the artist(s) known as Digital Zoo photograph the elephant or obtain the rights to resell the

image for profit? Has Getty Images done its due diligence in ensuring the image of the elephant was in factthe work of Digital Zoo or Digital Zoo obtained rights to the image prior to creating a derivative image and

registering it with Getty Images? Getty Images even offers two derivations of the same work on its own

website. See images 11 and 12 on the enclosed printed photos. One, the image Getty Images claims was

infringed upon by , is by the artist Digital Zoo and the other by Bob Elsdale.

appreciates the talents of quality photographers and believes their rights

should be protected. In order to protect these photographers, asks that a

determination be made as to the original artist of the image in question and provide supporting

documentation to that fact before any payment is made to Getty Images.

looks forward a speedy resolution.

Most Sincerely,

Graphic and Web Designer

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