Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT A
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EXHIBIT B
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
v.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DAN COOGAN, doing business COOGAN PHOTOGRAPHIC, Plaintiff, as

CASE NO.: CV-04-0621 PHX SRB CONFIDENTIAL SUPPLEMENTARY EXPERT WITNESS REPORT OF JEFF SEDLIK

AVNET, INC., ROY VALLEE and CINDY VALLEE, husband and wife, and AL MAAG and MICHAELLE MAAG, husband and wife, Defendants.

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I have been asked by Plaintiff Dan Coogan, doing business as Dan Coogan Photographic ("Coogan"), to supplement my Preliminary Expert Report issued on June 24, 2005 in relation to the above referenced matter. Specifically, I have been asked to provide an expert opinion and testimony on damages related to the use of Coogan's photographs by Defendants Avnet Inc., Roy Vallee and Jane Doe Vallee (collectively, "Defendants"). Based on my twenty years of experience as a commercial photographer working with high level clients, my experience as an officer in industry associations, and my experience in observing and interacting with many other commercial photographers, I expect to offer opinions and testimony in this case related to damages. Specific topics on which I expect to testify are discussed in more detail below. A list of documents considered in the drafting of this report is attached as Addendum F. My consideration of any portion of any document included in Addendum F is not indicative of an endorsement or acceptance of the validity of any other portion of such documents in relation to this matter. This supplementary expert report is submitted pursuant to Fed. R. Civ. P. 26(a)(2). My opinions at this time are based in part on an independent examination of documents produced, interviews and certain third party documents as disclosed, in good measure on Avnet's Second Supplemental Response to Plaintiff's First Set of Interrogatories to Defendant Avnet, Inc. dated March 14, 2006, and Avnet's Response to Plaintiff's Third Request For Admission To Defendant Avnet, Inc., dated December 6, 2005. Both of these were provided by Defendants to Plaintiff long after my initial report. I understand that Defendants have yet to produce certain documents and materials requested by Coogan (such as uses by AZCental.com and ChannelWeb.com). To the extent that additional relevant information comes to light, I may amend or supplement my opinions as necessary and permitted by the Court. I may also offer rebuttal expert reports in response to reports filed by

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any individuals retained by Defendants in this case, as permitted by the Court. Any rebuttal report that I file may address additional topics on which I would expect to testify. I reserve the right to supplement or amend this report pursuant to Fed. R. Civ. P. 26(e), if additional information affecting my opinion becomes available. If called upon as a witness in this case, I could and would make the following statements of my own personal knowledge and experience. This report has been prepared in connection with the above referenced case. The report is to be used for specific purposes of this litigation, and is confidential and not to be used for any other purpose without my express written consent.

I. INTRODUCTION In my Preliminary Expert Report, I included a brief section on damages, in which I expressly indicated that Avnet's refusal to provide a detailed accounting of its use of Coogan's photographs prevented me from computing applicable actual damages. I reserved the right to issue this Supplemental Report on damages at a later date, upon receipt of additional information establishing a more accurate accounting of Avnet's use of Coogan's photographs. From my Preliminary Report, Section V: "Defendant Avnet has yet to produce copies of all of Avnet's uses of Coogan's photographs, and has yet to provide responsive and complete answers to Coogan's questions during the discovery process. Avnet's failure to provide the requested documents and information indicates that Avnet has something to hide, and makes an accurate assessment of actual damages very difficult as of this writing, as the details and full scope of the infringement remain unknown.

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Upon receipt of such documents and additional information, I will conduct a forensic damages analysis and will opine on appropriate actual damages in this matter. My opinions will be expressed in a supplemental report. In the event that Avnet fails to produce the requested documents and information, I intend to calculate actual damages based on the information available." On March 6, 2006, Avnet provided an accounting of its use of to Coogan's photographs.1 Based upon information provided in that accounting and on all other information available to me as of this date, I have formed an opinion on damages in this matter.

II. DISCUSSION A. Damages, in General Coogan may at his discretion elect a claim of statutory damages or actual damages and disgorged profits. Based upon the materials available to me as of this date, Avnet has not provided a comprehensive and accurate accounting of its use of Coogan's photographs. My opinions and computations are based upon the information available to me as of this date, in partial reliance upon the accuracy of Avnet's disclosures. In some instances, where full descriptions of use have not yet been made available to Plaintiff by Avnet, I have computed damages without the benefit of full knowledge of the scope of Avnet's use. For example, the start date and end date of use is not known in all instances. In such instances and others, where information pertinent to the computation of damages is not available, I have based such computations on approximations derived all available information, and from my twenty years of experience in licensing

Letter from Jordan Green to Jordan Meschkow dated March 6, 2006 including Draft of "Avnet's supplemental response to Plaintiff's first set of interrogatories to defendant Avnet Inc ­ Interrogatory #4"

1

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photographs. Should Avnet provide the missing information, or should the information become otherwise available, I reserve the right to revise my computations of damages in this matter so as to ensure the most accurate possible computations. It is my current understanding that Avnet made use of Coogan's photographs at least during the years 2001, 2002, 2003, 2004, and 2005. It should be noted that as Avnet distributed and sub-licensed Coogan's photographs to an undetermined number of as yet unidentified third parties world wide, it is not possible to conclusively determine the extent or current status of use of Coogan's photographs by such third parties. Such third party use may be ongoing. As a result, the calculation of disgorged profits and actual damages applying to anonymous third party use and to Avnet's sub-licensing and distribution of Coogan's photographs to such third parties is based upon approximations in reliance upon available information.

B. Disgorged Profits Disgorged profits in this matter must be calculated by subtracting deductible expenses and elements of profit not attributable to the infringement from gross revenues earned by Avnet for the period during which the infringements occurred (and during any subsequent period in which Avnet received revenues attributable to the infringing acts). As indicated above, Avnet made use of Coogan's photographs from 2001 through 2005. Avnet Inc.'s financial statements for that period indicate a gross revenue of $52,093,000,000.2 This figure represents gross worldwide revenues, from which deductible expenses and profits not attributable to the use of the photographs may be deducted to establish attributable

2

Avnet Annual Reports 2001-2005

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profits.3 It is Avnet's burden to prove deductible expenses and the elements of Avnet's profits that are not attributable to Avnet's infringing use of Coogan's photographs. Coogan is entitled to all elements of Avnet's gross revenue (less deductible expenses) that Avnet fails to prove are not attributable to their use of Coogan's photographs.4 Coogan needs only to establish that a nexus exists between Avnet's profits and Avnet's use of Coogan's photographs. Avnet may deduct profits that are taken into account in computing actual damages, if any. I do not expect to opine or testify as to the specific amount of disgorged profit that is attributable to the infringements, nor do I intend to opine or testify as to specific deductible expenses or to elements of Avnet's profit not attributable to the infringements. These calculations are Avnet's burden. However, I will opine and possibly testify on the causal relationship between Avnet's use of Coogan's images and Avnet's profits, and related issues.

1) Avnet confirmed that Coogan's photographs of Vallee are extraordinary and valuable to Avnet. Avnet's selection and extensive exclusive use of Coogan's photographs of Avnet CEO Roy Vallee in its marketing materials demonstrated that Avnet believed that Coogan's photographs of Vallee were superior to all other existing photographs of Vallee
Walker v. Forbes, Inc., 28 F.3d 409, 414 (4 th Cir.1994) (in performing the apportionment, the benefit of the doubt must always be given to the plaintiff); Also, Nelson-Salabes, Inc. v. Morningside Development, 284 F.3d 505 (4th Cir. 2002); Data General Corp. v.Grumman Systems Support Corp., 36 F.3d 1147, 1173 (1st Cir. 1994); Andreas v. Volkswagen of America, Inc., 172 F. Supp.2d 1168, 1170 (N.D. Iowa 2001); Bruce v. Weekly World News, Inc., 150 F. Supp.2d 313, 315 (D. Mass. 2001), rev'd on other grounds, 310 F.3d 25 (1st Cir. 2002); Rainey v. Wayne State University, 26 F. Supp.2d 963, 971-72 (E.D. Mich. 1998). Also, H.R. Rep. No. 94-1476, at 161 (1976). 4 17 USC §504(b): "...In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work..."
3

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during the time period that Avnet exploited Coogan's photographs, and that Avnet would profit from the use of the photographs. From my Preliminary Expert Report: "Avnet, Maag and Vallee endorsed and acknowledged the exceptional quality of Coogan's portraits of Vallee by selecting Coogan's work above all others for use in a broad spectrum of high profile media over a significant time period. Though Avnet could have easily afforded to hire another photographer to make new portraits of Vallee, Avnet elected not to do so, instead continuing to use Coogan's portraits of Vallee. Avnet repeatedly demonstrated the value of each of Coogan's photographs by making high profile use of the images."

2) Avnet's use of Coogan's photographs of Vallee enhanced Vallee's reputation, enhanced Avnet's reputation, and contributed to Avnet's continued success and profitability. Avnet used photographs of Vallee to enhance Vallee's reputation, for the ultimate benefit of Avnet. Images of Vallee appear in Avnet's annual reports, advertisements, editorials, brochures, web sites, emails and other materials. Based upon Avnet's continued use and prominent display of Coogan's portraits of Vallee in its internal and external marketing and communications materials for at least four years, Avnet's actions confirm that in using Coogan's photographs, Avnet would enhance Vallee's reputation as CEO, enhance Avnet's internal and external reputation, and contribute significantly to Avnet's success and profitability.

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3) CEO Reputation profoundly influences corporate profits. Corporate reputation not only drives sales, but contributes up to 50% of a company's value as perceived by the investment community.5 Corporate reputation is derived from a combination of perception and performance. Performance can be measured with a calculator, but perception is more intangible. Management credibility ranks among the top influences on perception, and by extension, on corporate reputation. Management credibility is almost invariably based on perception of the CEO. Up to 50% of a company's reputation is attributable to the reputation of the CEO. When a company's CEO has a favorable reputation, investors are up to 95% more likely to purchase stock in that company, and 52% more likely to pay a premium for that company's products and services.6 See chart attached as Addendum A. CEO reputation also has a profound effect on employee recruitment, morale and retention, and in turn, innovation, productivity and efficiency.7 All of these factors contribute to the success and profitability of a company. Based upon my personal knowledge and belief, including my twenty years working in the advertising industry, teaching advertising at the college level, and assisting corporations in building their brands and selling products and services using visual marketing tools, I conclude that a nexus exists between Avnet's use of Coogan's photographs of Avnet CEO Vallee and profits earned by

5 6

Ernst & Young survey, "Measures that Matter," 1998-2002 Burson-Marsteller CEO Reputation Survey, Building CEO Capital, 2001 7 Book: CEO Capital. A Guide to Building CEO Reputation and Success. By Leslie Gaines Ross, 2003. Wiley & Sons.

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Avnet resulting directly or indirectly from CEO reputation, corporate reputation and performance.

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C. Actual Damages Coogan may, at his discretion, seek an award of actual damages in lieu of statutory damages. Actual damages are determined in part by the fee that a willing buyer would have been reasonably required to pay at the time of the infringement.8 The fact pattern in this matter is unusual and merits consideration in the computation of actual damages. After Coogan discovered Avnet's initial infringing uses of Coogan's photographs, Coogan made what in my opinion was a generous settlement offer to Avnet, based entirely upon Al Maag's indication that such a settlement would directly result in a continued business relationship for Coogan with Avnet, and Coogan's hopes and desires for the same. 9 Coogan had an existing business relationship with Avnet via Sean Fanning, and was encouraged by Al Maag's indication that Coogan's agreement to settle for a minimal amount (much less than the fees or damages that Coogan could have demanded and likely received under the circumstances of Avnet's infringing use) would secure Coogan a continued working relationship with his client Avnet. Then Avnet, through Maag, accepted Coogan's offer, agreed to Coogan's terms, and settled with Coogan. At that time, prior to the commencement of Avnet's additional infringing use of Coogan's photographs, Coogan viewed Avnet as a known infringer of Coogan's works, but not egregiously so, since the infringing use as of that date was limited to two internal company magazines.10 Had Avnet
8

Sid & Marty Krofft Television Productions, Inc. v. McDonald's Corp., 562 F.2d 1157 (9th Cir. 1977), later cited in Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc., 772 F.2d 505 (9th Cir. 1985) 9 Email message from Al Maag to Dan Coogan dated March 13, 2002, in which Maag referred to the proposed settlement of $2500 and stated: "A relationship with me is built on many things. This is how we start one." 10 Original meeting between Dan Coogan and Sean Fanning in October 2001, Exhibits 46-53 of the Amended Complaint, and telephone interview with Dan Coogan, June, 2005

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then approached Coogan at that time with a request to license additional use (rather than proceeding to commit additional infringements without notice), it is reasonable to conclude that in determining the fees for Avnet's future use of Coogan's photographs, Coogan would have reasonably required Avnet to pay licensing fees that contemplated not just the scarcity of Coogan's photographs of Vallee, but that also contemplated Avnet's propensity to infringe in the future, based upon Coogan's past experience with Avnet's infringements. Infringements by major corporations such as Avnet are indicative of either disorganization, or disregard for rights holders, or both. In the same way that a mortgage lender adds a risk premium to the interest rate of a loan applicant with a history of bad credit, a photographer adds an infringement premium when computing fees quoted for licenses granted to clients with a history of infringement. I conclude that at the time of the infringement, it would have been reasonable for Coogan to require Avnet to pay a premium on his licensing fees, based upon his past experience with Avnet's prior infringements. I also conclude that it would have been reasonable for Coogan to structure his licenses to Avnet in monthly (rather than annual) periods where applicable, so as to best allow Coogan to monitor and control Avnet's use of his photographs. I conclude that any computation of applicable actual damages in this matter must include the premium that Coogan would have rightfully applied to fees after the first round of Avnet's infringements and prior to Avnet's second, extended round of infringements, which comprise the bulk of the infringements at issue in this matter. Coogan reports that his premium under the circumstances would have been 25%.11 Based on my knowledge and experience, it is my opinion that a 25% premium when quoting new license fees to a past infringer is not only reasonable, but surprisingly low. However, in reliance on
11

Source: Telephone interview with Dan Coogan, June 2005.

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Coogan's standard, I will apply this 25% premium in my actual damages computations. In the photography marketplace, each photographer sets his/her own fees, based upon criteria defining the scope of a license. These criteria include the type of media in which the photograph will be reproduced, the size of reproduction, the region of distribution, the duration of the license, and other factors. Quality and scarcity of the photograph are also primary considerations. The unique circumstances of each transaction affect the fees offered by photographers. Coogan reports that given the opportunity to quote fees in advance of Avnet's second round of infringements, Coogan's pricing would have contemplated the scarcity and unique quality of the photographs. This is entirely consistent with my experience in licensing photographs. From my Preliminary Expert Report: " ... I may obtain comparative license fee quotes from photographers' estimating programs, and/or obtain such quotes from one or more stock photography agencies for similar uses. These quotes will serve as a point of reference, but will not directly represent the license fees applicable to Coogan's photographs and Avnet's use, as the fees for use of generic stock photographs do not contemplate the scarcity of fine executive portraits of a Fortune 500 CEO. A photograph of the CEO of Avnet is of far greater value (and would demand significantly higher license fees) than a stock photograph of, for example, a teacup, a banana, or an anonymous person. Avnet is a company in the news, and demand for photographs of Avnet's CEO will drive the licensing fees to a high level. In consideration of the unique nature of the images of Roy

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Vallee, I will apply a multiplier of 3 to 5 times the average license fees of two leading stock agencies offered for identical use." In computations of actual damages, Avnet is not entitled to discounts of any sort, such as discounts for quantity or extended license periods. For this reason, and based upon other reasons indicated above, I have computed Avnet's actual damages based upon monthly license periods where applicable, rather than specifying longer license periods for which Avnet might enjoy the benefit of an unearned discount for extended use. When considering the annual total of my computations for monthly licensing fees, the annual total may be quite high relative to average annual fees for similar use. However, that comparison is irrelevant to the determination of actual damages in this matter, as Coogan would have reasonably required Avnet to pay monthly, not annual fees, as explained above. It should be noted that in some instances it is not possible to determine the length of the license that Avnet might have requested from Coogan had Avnet sought to properly and legally license the right to use Coogan's photographs. In such instances, I have approximated the license period for the purposes of damages calculations, based upon the available information. I reserve the right to revise my damages calculations in the event that information comes to light demonstrating that Avnet's period of use of the photographs varies from my approximations. I have been asked to compute actual damages for two scenarios. One scenario applies to Avnet's use of the photographs if the contract between Avnet and Coogan is found to be valid and enforceable. The other scenario applies if the court determines that the contract was not in force. From my Preliminary Expert Report:

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"The court's determination as to the validity of the contract between Avnet and Coogan will be a key consideration in the calculation of damages. If the contract is held to be valid, the period of infringing use is approximately 12 months, and actual damages calculations would exclude Avnet's initial use of Coogan's photograph in Avnet's magazines. In the event that the contract is held to be invalid, the period of infringing use will increase to approximately 24 months, and actual damages calculations would include Avnet's initial use of Coogan's photograph in Avnet's magazines." To calculate actual damages, I obtained license fee quotes from Corbis, a leading stock agency.12 I calculated total fees based on the information available to me, including some or all of these factors: the number of uses of each image, the media in which the photographs were reproduced, the reproduction quantity for each use, the size and placement of reproduction, and the period of use. Where one or more criteria were missing, I made the best approximation possible under the circumstances. I then added a treble multiplier for the scarcity of the photographs. I did not apply the treble multiplier allowed under Coogan's contract13 Nor did I did not apply any other punitive multiplier contemplating the infringing use. While it is true that anyone can visit a stock agency web site and obtain a price for use of a photograph, it is also true that anyone can visit an online brokerage and invest in the stock market. Like pricing and comparing stocks in the stock market, the process of obtaining, analyzing and comparing prices for Avnet's infringing uses of Coogan's photography was complex and required considerable expertise.

12 13

Price quotes received from Corbis.com, attached as Addendum D. Coogan Photography invoice #2002-1212 to Al Maag/Avnet dated April 9, 2002

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In addition to the actual damages computations performed by obtaining reference quotes matching Avnet's use to the greatest extent possible, I have relied on my knowledge of licensing to compute additional actual damages related to uses for which Corbis did not provide pricing. Based upon the above criteria and on all of the information available to me at this time, it is my opinion that with respect to Avnet's unauthorized use described above, Coogan is entitled to actual damages in the amounts listed in Illustration 1 at the end of this section. Avnet also infringed on Coogan's copyrights by sub-licensing Coogan's photographs to others, both known and unknown. From my Preliminary Expert Report: "... given that Avnet knowingly and willfully distributed Coogan's photographs to third parties, and given that Avnet put no controls in place to monitor or limit the use and distribution of Coogan's photograph by such third parties, the full extent of infringing use may never be known..." Avnet encouraged and facilitated unlicensed third party use and infringement of Coogan's photographs by placing the photographs in areas designated for downloading from Avnet's web site, and by otherwise providing Coogan's photographs to third parties. Coogan's contract with Avnet prohibited sub-licensing. Coogan is entitled to additional actual damages equal to the fee that Coogan would have reasonably required from Avnet for a license to sublicense Coogan's photographs to third parties for unlimited and unknown use. Based upon my personal knowledge and experience, the reasonably required fee for such use if licensed from Coogan at

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the time of the infringement would be $20,000 per photograph, per year for the years 2001 through 2005. It is my current understanding, based on information available to me on this date, that Avnet made only one of Coogan's photographs available for third party download on Avnet's web sites. Based upon this understanding, and subject to revision should I later determine that Avnet made additional photographs similarly available, the total fee for sub-licensing of the single photograph would have been $20,000. Though the use occurred over a five year period, as the exact end date of use is unknown, I have computed the sublicensing damages based upon four, not five years of use. The total fees applying to Avnet's sub-licensing use of the single photograph during the four year period is computed as $20,000 multiplied by four years, for a total of $80,000. I conclude that actual damages of $80,000 are appropriate for Avnet's unauthorized sub-licensing of Coogan's photograph, expressly prohibited in Coogan's contract with Avnet.14 Avnet's extensive exploitation and distribution of Coogan's photographs in numerous media harmed Coogan's business by reducing or eliminating Coogan's ability to license his photographs of Vallee to third parties during the period of infringement. Avnet offered Coogan's photography for free, in competition with Coogan, resulting in lost sales for Coogan's business. Given that Avnet provided third parties with the opportunity to download and use Coogan's photography for free, such third parties had no incentive to pay Coogan for licenses of the photography.

14

Coogan Photography invoice #2002-1212 to Al Maag/Avnet dated April 9, 2002. "These rights may not be transferred by the client to a third party."

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In addition, Avnet's extensive use of the Coogan's photographs exhausted the residual value of those photographs over the entire lifetime of the Coogan's copyrights. For example, a book publisher seeking a photograph of Vallee for use on the cover of a biography would likely deem Coogan's photographs to be unusable due to the extensive prior use of the photographs. As the result of Avnet's infringing use of Coogan's photographs, Coogan has also lost the ability to license "first use" of the photographs in various media. The value of such lost sales is difficult to approximate with certainty, but based on my knowledge and experience, a reasonable approximation of the effect of such lost sales to Coogan resulting from Avnet's use is $2000 per year per photograph over the next ten years, and $10,000 in total per photograph thereafter over the remainder of the copyright life of the photograph, for a total of $30,000 per photograph, or $90,000 in total for Coogan's three photographs. Therefore, actual damages for such lost sales to third parties amounts to $90,000. It should be noted that this computation significantly favors the Defendants, in that the amount assumes that there will be no scandals or other significant newsworthy events involving Avnet. In the event of such an occurrence, the license fees associated with use of Coogan's images would skyrocket and would likely far exceed the above mentioned damages. As the reference prices obtained from Corbis for this report are based upon Corbis' current pricing, and as actual damages must represent the amount that Coogan would have reasonably required Avnet to pay at the time of the infringement, I will apply an overall adjustment to compensate for any fluctuation in Corbis' prices. Corbis is a private company and does not release financials. I am

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not aware of a precise indicator for fluctuations in Corbis pricing from 2001 through present. I have therefore referenced the financial data and sales statistics released quarterly by Corbis competitor Gettyimages (a public company) for years 2001 to 2005. Though not a precise indicator, this is the best and most applicable information available under the circumstances. I used a computed average price per image licensed by Gettyimages in each of the 18 consecutive quarters beginning Q4 2001 and ending Q4 2004.15 By computing the average of those 18 samples, I determined that Gettyimages average price per image licensed during the period 2001-2005 was approximately $545. The difference between that 2001-2005 average and the most current average price , $558, is $13, or 2.4%. Therefore, Gettyimages current price is 2.4% greater than Gettyimages average pricing during the 2001-2005 period of the infringement. In my opinion, under the particular circumstances outlined above, and only for the purposes outlined above, it is reasonable to rely on Gettyimages pricing trends in determining corresponding trends at Corbis in the same period. I will therefore deduct 2.4% from actual damages totals that are computed in reliance upon current Corbis prices. Coogan is entitled to the actual damages listed below. Computations used to arrive at the below totals are referenced above. A spreadsheet substantiating the computations used to arrive at this total is attached as Addenum B, "Coogan Actual Damages." A list of uses cross-referenced to the Coogan Actual Damages spreadsheet is attached as Addenum C, "Avnet's Uses of Coogan's Photographs." Substantiation for my calculations related to Gettyimages per-image pricing is attached as Addendum E.
15

See Getty Images Average Price Per Image Licensed 2001-2005, Addendum E

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Illustration 1: Total Actual Damages Base: Corbis pricing as pf March 2006 Less 2.4% adjustment, inflation Adjusted base, Corbis pricing, 2001-2005 Coogan's 25% Premium Coogan's Scarcity Multiplier, 300% Coogan's Sub-Licensing Fees Coogan's Future Lost Sales to Third Parties Less Payment Made By Avnet To Coogan

Contract In Force
$123,735.00 ($2,969.64) $120,765.36 $31,676.16 $380,113.92 $80,000.00 $35,000.00 ($2,500.00)

Contract Not In Force
$166,050.00 ($3,985.20) $162,064.80 $42,508.80 $478,350.00 $80,000.00 $35,000.00 ($2,500.00)

Total Actual Damages

$645,055.44

$795,423.60

D. Statutory Damages My opinion on statutory damages is unchanged. From my Preliminary Expert Report: "Should Coogan elect to seek an award of Statutory Damages, the Defendant's egregious conduct and the extent of the Defendant's willful infringement justifies the maximum statutory award."

Respectfully Submitted,

_______________________________ Jeff Sedlik

March 24, 2006

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ADDENDUM A

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CEO Reputation Pays

The CEO's reputation accounts for nearly

Financial Capital Relationship Capital Human Capital Attention Capital

93% Buy stock in a company 90 89 Maintain confidence if share price lags Recommend company stock

93% Believe if under media pressure 91 61 Recommend as good merger partner Prefer products/services over others

50%
of a company's reputation

88% Recommend as good place to work 75% Pay attention to company in media 33 Visit company Web site

Burson-Marsteller CEO Reputation Research, 1997-2005.

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ADDENDUM B

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COOGAN ACTUAL DAMAGES REFERENCE CHART CORBIS PRICING Media Description Electronic Uses Web-Home Page, up to 1/2 Screen Web-Home Page, up to 1/2 Screen Web-Secondary, up to 1/2 Screen Web-Secondary, up to 1/2 Screen Web-Secondary, up to 1/2 Screen Web-Secondary, up to 1/2 Screen Web-Secondary, up to 1/2 Screen Web-Secondary, up to Full Screen Internal E-Mail, up to 1/2 Screen Internal E-Mail, up to 1/2 Screen PDF-2002 Annual Report, up to 1/4 Page PDF-2003 Annual Report, up to 1/4 Page PDF-Brochure, up to 1/8 Page Intranet, up to 1/2 Screen, up to 3 months Quote # Use # Uses Fees If Contract Was In Force Fee Period Periods Total Fee Uses Fees If Contract Was Not In Force Fee Period Periods Total Fee

C01 C01 C02 C02 C02 C02 C02 C03 C05 C05 C06 C06 C06b C04

1 76 77 2, 22-29, 32-33 3-8, 15-20 30-31, 34-37, 9-14, 68-70 38-39 40 41-43, 44-46, 71-73 47 48, 74

1 1 1 9 12 2 4 8 2 1 3 6 1 2

$375.00 $375.00 $260.00 $260.00 $260.00 $260.00 $260.00 $340.00 $735.00 $735.00 $405.00 $405.00 $375.00 $90.00

Month Month Month Month Month Month Month Month Month Month Month Month Month up to 3 Months

1 10 10 1 2 32 18 7 0 1 16 5 1 4

$375.00 $3,750.00 $2,600.00 $2,340.00 $6,240.00 $16,640.00 $18,720.00 $19,040.00 $0.00 $735.00 $19,440.00 $12,150.00 $375.00 $720.00

1 1 1 9 12 2 4 8 2 1 3 6 1 2

$375.00 $375.00 $260.00 $260.00 $260.00 $260.00 $260.00 $340.00 $735.00 $735.00 $405.00 $405.00 $375.00 $90.00 up

Month Month Month Month Month Month Month Month Month Month Month Month Month to 3 Months

1 21 21 1 2 32 18 19 1 1 16 5 1 11

$375.00 $7,875.00 $5,460.00 $2,340.00 $6,240.00 $16,640.00 $18,720.00 $51,680.00 $1,470.00 $735.00 $19,440.00 $12,150.00 $375.00 $1,980.00

Print Use Internal Corporate Magazine, up to 10k print run, 1/8 Page Internal Corporate Magazine, up to 10k print run, 1/8 Page Internal Corporate Magazine, up to 10k print run, 1/8 Page Internal Corporate Magazine, up to 10k print run, 1/2 Page 2002 Annual Report, up to 50k print run, up to 1/4 Page 2003 Annual Report, up to 100k print run, up to 1/4 Page Foam Mounted Display Print Third Party Brochure, 1/8 page, up to 10k print run Magazine Advertisement, 1/4 page, up to 100k print run

C07 C07 C07 C08 C09 C10 C11 C12 C13

50 51 49, 52-56 57 58 59 & 75 60 61 62

1 1 7 1 1 1 1 1 1

$185.00 Month $185.00 Month $185.00 Month $225.00 Month $735.00 up to 3 months $825.00 up to 3 months $390.00 up to 1 year $405.00 Month $435.00 Month

1 0 2 2 13 8 1 1 1

$185.00 $0.00 $2,590.00 $450.00 $9,555.00 $6,600.00 $390.00 $405.00 $435.00 $123,735.00

1 1 7 1 1 1 1 1 1

$185.00 Month $185.00 Month $185.00 Month $225.00 Month $735.00 up to 3 months $825.00 up to 3 months $390.00 up to 1 year $405.00 Month $435.00 Month

1 1 2 1 13 8 1 1 1

$185.00 $185.00 $2,590.00 $225.00 $9,555.00 $6,600.00 $390.00 $405.00 $435.00 $166,050.00

Total If Contract Was In Force:

Total If Contract Was Not In Force:

TOTALS (SEE REPORT FOR DETAILS) Base: Corbis pricing as of March 2006 SUBTRACT: 2.4% to compensate for 2006 prices vs 2001-2005 prices Adjusted base, Corbis pricing, 2001-2005 ADD: Coogan's 25% premium on fees, based on first infringement ADD: Coogan's Scarcity Multiplier, 300% ADD: Coogan's reasonably required fees to Avnet for Sub-Licensing ADD: Coogan's reasonably required fees to Avnet for Lost Sales SUBTRACT: Payment made by Avnet to Coogan TOTAL ACTUAL DAMAGES Total If Contract Was In Force:

$123,735.00 ($2,969.64) $120,765.36 $31,676.16 $380,113.92 $80,000.00 $35,000.00 ($2,500.00) $645,055.44 Total If Contract Was Not In Force:

$166,050.00 ($3,985.20) $162,064.80 $42,508.80 $478,350.00 $80,000.00 $35,000.00 ($2,500.00) $795,423.60

MISCELLANEOUS USE NOT YET INCLUDED IN DAMAGES COMPUTATIONS Media Description Submission of Files to Morgan Stanley Submission of Avnet Website to Stevie Awards Competition Submission of Avnet Website to American Soc. of Communication Reproduction on a single anniversary card Scans (Copies/Derivative Works) Use # 63 64 65 66 67

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 42 of 66

ADDENDUM C

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 43 of 66

Avnets use of Coogans photographs_final revised 060324.xls AVNET'S USES OF COOGAN'S PHOTOGRAPHS Use # Description Image # Approximate Date Range of Use Period of Use If Contract Was In Force Period of Use If Contract Was Not In Force Scope of Use Reference Information

Electronic Use 01 02 76 77 03 Image used on Avnet Home Page - HTML Image File used on Avnet Home Page Image used on Avnet Home Page - HTML Image File used on Avnet Home Page Image used on Board of Directors page (avnet.com) 3 3 3 3 3 1/24/04 - 2/25/04 1/24/04 - 2/25/04 4/23/02 - 1/23/04 4/23/02 - 1/23/04 1/21/04 - 3/04 1 month 1 month 10 months 10 months 2 months 1 month 1 month 21 months 21 months 2 months up to 1/2 home pg up to 1/2 web pg up to 1/2 home pg up to 1/2 web pg up to 1/2 web pg screen, http://www.avnet.com

screen, 2nd http://www.avnet.com/img_shared/sta/df3df3usa/vallee_r_small.jpg screen, http://www.avnet.com

screen, 2nd http://www.avnet.com/img_shared/sta/df3df3usa/vallee_r_small.jpg

04 05

Image File used on Board of Directors page (avnet.com) Image used on Board of Directors page (avnet.de)

3 3

1/21/04 - 3/04 1/21/04 - 3/04

2 months 2 months

2 months 2 months

06 07

Image File used on Board of Directors page (avnet.de) Image used on Board of Directors page for (ir.avnet.com) Image File used on Board of Directors page (ir.avnet.com) Large JPEG Image File used on Board of Directors page (avnet.com) Large JPEG Image used on Board of Directors page (avnet.com) Large JPEG Image used on Board of Directors page for (avnet.de) Large JPEG Image File used on Board of Directors page (avnet.de) Large JPEG Image used on Board of Directors page (ir.avnet.com) Large JPEG Image File used on Board of Directors page (ir.avnet.com) Image used on Roy Vallee Bio Page (avnet.com)

3 3

1/21/04 - 3/04 1/21/04 - 3/04

2 months 2 months

2 months 2 months

08 09

3 3

1/21/04 - 3/04 8/28/02 - 3/04

2 months 7 months

2 months 19 months

screen, 2nd http://www.avnet.com/sta/home/0,2007,RID%253D10146%2526CID%253D10323%2 526CCD%253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D997 4%2526BID%253DDF3%2526CTP%253DSTA,00.html up to 1/2 screen, 2nd http://www.avnet.com/img_shared/sta/df3df3usa/roy_vallee_board.jpg web pg up to 1/2 screen, 2nd http://www.avnet.de/sta/home/0,2007,RID%253D10146%2526CID%253D10323%25 web pg 26CCD%253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D9974 %2526BID%253DDF3%2526CTP%253DSTA,00.html up to 1/2 screen, 2nd http://www.avnet.de/img_shared/sta/df3df3usa/roy_vallee_board.jpg web pg up to 1/2 screen, 2nd http://www.ir.avnet.com/sta/home/0,2007,RID%253D10146%2526CID%253D10323 web pg %2526CCD%253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D 9974%2526BID%253DDF3%2526CTP%253DSTA,00.html up to 1/2 screen, 2nd http://www.ir.avnet.com/img_shared/sta/df3df3usa/roy_vallee_board.jpg web pg up to full screen, 2nd http://www.avnet.com/sta/home/0,2007,RID%253D10146%2526CID%253D10323%2 web pg 526CCD%253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D997 4%2526BID%253DDF3%2526CTP%253DSTA,00.html up to full screen, 2nd http://www.avnet.com/img_shared/sta/df3df3usa/roy_vallee_board-big.jpg web pg up to full screen, 2nd http://www.avnet.de/sta/home/0,2007,RID%253D10146%2526CID%253D10323%25 web pg 26CCD%253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D9974 %2526BID%253DDF3%2526CTP%253DSTA,00.html up to full screen, 2nd http://www.avnet.de/img_shared/sta/df3df3usa/roy_vallee_board-big.jpg web pg up to full screen, 2nd http://www.ir.avnet.com/sta/home/0,2007,RID%253D10146%2526CID%253D10323 web pg %2526CCD%253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D 9974%2526BID%253DDF3%2526CTP%253DSTA,00.html up to full screen, 2nd http://www.ir.avnet.com/img_shared/sta/df3df3usa/roy_vallee_board-big.jpg web pg up to 1/2 screen, 2nd http://www.avnet.com/sta/home/0,6948,RID%253D0%2526CID%253D9785%2526CC web pg D%253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D9858%25 26BID%253DDF3%2526CTP%253DSTA,00.html up to 1/2 screen, 2nd http://www.avnet.com/img_shared/sta/df3df3usa/vallee_r.jpg web pg up to 1/2 screen, 2nd http://www.avnet.de/sta/home/0,6948,RID%253D0%2526CID%253D9785%2526CCD web pg %253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D9858%2526 BID%253DDF3%2526CTP%253DSTA,00.html up to 1/2 screen, 2nd http://www.avnet.de/img_shared/sta/df3df3usa/vallee_r.jpg web pg up to 1/2 screen, 2nd http://www.ir.avnet.com/sta/home/0,6948,RID%253D0%2526CID%253D9785%2526 web pg CCD%253DUSA%2526SID%253D9358%2526DID%253DDF3%2526LID%253D9858% 2526BID%253DDF3%2526CTP%253DSTA,00.html up to 1/2 screen, 2nd http://www.ir.avnet.com/img_shared/sta/df3df3usa/vallee_r.jpg web pg hi res download http://aux.avnet.com/pressroom/images/board_of_directors/tif_300dpi/roy_vallee_bo ard.tif up to full pg, 2nd web avnet.com/pressroom.... pg

10 11

3 3

8/28/02 - 3/04 8/28/02 - 3/04

7 months 7 months

19 months 19 months

12 13

3 3

8/28/02 - 3/04 8/28/02 - 3/04

7 months 7 months

19 months 19 months

14 15

3 3

8/28/02 - 3/04 1/19/04 - 3/04

7 months 2 months

19 months 2 months

16 17

Image File used on Roy Vallee Bio Page (avnet.com) Image used on Roy Vallee Bio Page (avnet.de)

3 3

1/19/04 - 3/04 1/19/04 - 3/04

2 months 2 months

2 months 2 months

18 19

Image File used on Roy Vallee Bio Page (avnet.de) Image used on Roy Vallee Bio Page (ir.avnet.com)

3 3

1/19/04 - 3/04 1/19/04 - 3/04

2 months 2 months

2 months 2 months

20 21

Image File used on Roy Vallee Bio Page (ir.avnet.com) Large Tiff available for Download

3 3

1/19/04 - 3/04 8/28/02 - 2/04

2 months 7 months

2 months 19 months

68

web site html page for preview of downloadable hires tif on board page, avnet.com

3

8/28/02 - 2/04

7 months

19 months

Case 2:04-cv-00621-SRB

Page 1 of 4 Document 214-2

Filed 06/02/2006

Page 44 of 66

Avnets use of Coogans photographs_final revised 060324.xls Use # Description Image # Approximate Date Range of Use Period of Use If Contract Was In Force 7 months 7 months 1 month 1 month 1 month 1 month 1 month 1 month 1 month 1 month 32 months 32 months Period of Use Scope of Use If Contract Was Not In Force 19 months up to full pg, 2nd web avnet.de/pressroom.... pg 19 months up to full pg, 2nd web ir.avnet.com/pressroom.... pg 1 month up to 1/2 screen, 2nd http://www.avnet.tv/cnnfn/ web pg 1 month 1 month 1 month 1 month 1 month 1 month 1 month 32 months 32 months Reference Information

69 70 22 23 24 25 26 27 28 29 30 31

web site html page for preview of downloadable hires tif on board page, avnet.de web site html page for preview of downloadable hires tif on board page, ir.avnet.com Image promoting Guest Appearance of Roy Vallee in CNNfn Image File promoting Guest Appearance of Roy Vallee in CNNfn Image promoting Town Hall appearance of Roy Vallee Image File promoting Town Hall appearance of Roy Vallee Image promoting Town Hall appearance of Roy Vallee Image File promoting Town Hall appearance of Roy Vallee News Letter Produced by Supply-Chain.org and viewable via the web Image File used for News Letter Produced by SupplyChain.org and viewable via the web Promotion of Roy Vallee at Governor's Council on Innovation and Technology Image Files used for Promotion of Roy Vallee at Governor's Council on Innovation and Technology Image Promoting Roy Vallee Interview in CRN.com, HTML Image File Promoting Roy Vallee Interview in CRN.com, gif image Image Promoting Roy Vallee Interview in channelweb.com Image File Promoting Roy Vallee Interview in channelweb.com Image Promoting Roy Vallee Interview in azcentral.com Image File Promoting Roy Vallee Interview in azcentral.com Weekly Email publications called "This Week at Avnet." dated February 9 through 15, 2003 Weekly Email publications called "This Week at Avnet." dated March 2 through March 6, 2003 Weekly Email publications called "This Week at Avnet." dated January 25 through January 31, 2004 PDF Download of 2002 Annual Report (avnet.com)

3 3 3 3 3 3 3 3 3 3 3 3

8/28/02 - 2/04 8/28/02 - 2/04 8/29/2003 - ?? 8/29/2003 - ?? 2/2/04 - ?? 2/2/04 - ?? 2/2/04 - ?? 2/2/04 - ?? 2/25/03 - 2/27/03 2/25/03 - 2/27/03 4/03 - 12/05 4/03 - 12/05

up to 1/2 screen, 2nd http://www.avnet.tv/cnnfn/LaunchWebinar2.jpg web pg up to 1/2 screen, 2nd http://www.avnet.tv/townhall/streamsafeFY04Q2/login/ web pg up to 1/2 screen, 2nd http://www.avnet.tv/townhall_live/streamsafe/loginimage.gif web pg up to 1/2 screen, 2nd http://www.avnet.tv/corporate/webseminars/ web pg up to 1/2 screen, 2nd http://www.avnet.tv/images/corporate/townhall_fy04q2.gif web pg up to 1/2 screen, 2nd http://www.supply-chain.org/News/Newsletters/12web pg 02/03SERSpkrpics.htm#Roy%20Vallee supply-chain.org up to 1/2 screen, 2nd http://www.supply-chain.org/Images/roy_vallee_board_3.jpg web pg up to 1/2 screen, 2nd http://www.gcit.az.gov/members/Roy_Vallee.html web pg up to 1/2 screen, 2nd http://www.gcit.az.gov/bio_images/Roy_Vallee.jpg web pg up to 1/2 screen, 2nd http://www.crn.com/Sections/Interview/interview.asp?ArticleID=47494 web pg up to 1/2 screen, 2nd http://www.crn.com/sections/graphics/1081/1081d_vallee.gif web pg up to 1/2 screen, 2nd http://www.channelweb.com/sections/Newscenters/Article.asp?newscenterID=58&Arti web pg cleID=47494 up to 1/2 screen, 2nd URL for image not available. web pg up to 1/2 screen, 2nd http://www.azcentral.com/arizonarepublic/business/articles/o713execprofile13.html web pg up to 1/2 screen, 2nd URL for image not available. web pg company email to 10k Weekly Email publications called "This Week at Avnet." dated February 9 through 15, employees 2003 company email to 10k Weekly Email publications called "This Week at Avnet." dated March 2 through March employees 6, 2003 company email to 10k Weekly Email publications called "This Week at Avnet." dated January 25 through employees January 31, 2004 up to 1/4 page, online http://www.avnet.com/sta/home/0,1932,RID%253D0%2526CID%253D0%2526CAT% brochure 253D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID% 253D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253DDF 3%2526CTP%253DSTA,00.html up to 1/4 page, online http://www.avnet.de/sta/home/0,1932,RID%253D0%2526CID%253D0%2526CAT%2 brochure 53D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID%2 53D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253DDF3 %2526CTP%253DSTA,00.html

32 33 34 35 36 37 38 39 40

3 3 3 3 3 3 3 3 3

1/04 - 2/04 1/04 - 2/04 8/02 - 2/04 8/02 - 2/04 8/02 - 2/04 8/02 - 2/04 2/9/03 - 2/15/03 3/2/03 - 3/6/03 1/28/04 - 1/31/04

1 month 1 month 18 months 18 months 18 months 18 months 0 months 0 months 1 month

1 month 1 month 18 months 18 months 18 months 18 months 1 month 1 month 1 month

41

2

10/02 - 02/04

16 months

16 months

42

PDF Download of 2002 Annual Report (avnet.de)

2

10/02 - 02/04

16 months

16 months

Case 2:04-cv-00621-SRB

Page 2 of 4 Document 214-2

Filed 06/02/2006

Page 45 of 66

Avnets use of Coogans photographs_final revised 060324.xls Use # Description Image # Approximate Date Range of Use Period of Use If Contract Was In Force 16 months Period of Use Scope of Use Reference Information If Contract Was Not In Force 16 months up to 1/4 page, online http://www.ir.avnet.com/sta/home/0,1932,RID%253D0%252CID%253D0%2526CAT brochure %253D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID %253D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253D DF3%2526CTP%253DSTA,00.html 5 months up to 1/4 page, online http://www.avnet.com/sta/home/0,1932,RID%253D0%2526CID%253D0%2526CAT% brochure 253D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID% 253D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253DDF 3%2526CTP%253DSTA,00.html 5 months up to 1/4 page, online http://www.avnet.com/sta/home/0,1932,RID%253D0%2526CID%253D0%2526CAT% brochure 253D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID% 253D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253DDF 3%2526CTP%253DSTA,00.html 5 months up to 1/4 page, online http://www.avnet.de/sta/home/0,1932,RID%253D0%2526CID%253D0%2526CAT%2 brochure 53D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID%2 53D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253DDF3 %2526CTP%253DSTA,00.html 5 months up to 1/4 page, online http://www.avnet.de/sta/home/0,1932,RID%253D0%2526CID%253D0%2526CAT%2 brochure 53D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID%2 53D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253DDF3 %2526CTP%253DSTA,00.html 5 months up to 1/4 page, online http://www.ir.avnet.com/sta/home/0,1932,RID%253D0%2526CID%253D0%2526CAT brochure %253D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID %253D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253D DF3%2526CTP%253DSTA,00.html 5 months up to 1/4 page, online http://www.ir.avnet.com/sta/home/0,1932,RID%253D0%2526CID%253D0%2526CAT brochure %253D%2526CCD%253DUSA%2526SID%253D9351%2526DID%253DDF3%2526LID %253D9680%2526PRT%253D%2526PVW%253D%2526intY%253D%2526BID%253D DF3%2526CTP%253DSTA,00.html 1 month 1/8 screen electronic www.supply-chain.org/SER/2003/2_3_03.pdf brochure 32 months up to 1/2 screen intranet up to 1/2 screen intranet No URL available for this use.

43

PDF Download of 2002 Annual Report (ir.avnet.com)

2

10/02 - 02/04

44

PDF Download of 2003 Annual Report (avnet.com) blurred image

3

10/03 - 03/04

5 months

71

PDF Download of 2003 Annual Report (avnet.com) sharp image

3

10/03 - 03/04

5 months

45

PDF Download of 2003 Annual Report (avnet.de) blurred image

3

10/03 - 03/04

5 months

72

PDF Download of 2003 Annual Report (avnet.de) sharp image

3

10/03 - 03/04

5 months

46

PDF Download of 2003 Annual Report (ir.avnet.com) blurred image

3

10/03 - 03/04

5 months

73

PDF Download of 2003 Annual Report (ir.avnet.com) sharp image

3

10/03 - 03/04

5 months

47

Downloadable PDF used for News Letter Produced by Supply-Chain.org and downloadable via the web Image of Roy Vallee used in Avnet Ink Online, Internal intranet. Image of Roy Vallee used in Avnet Ink Online, Internal intranet.

3

2/03 - 2/03

1 month

48

1

6/01 - 2/04

12 months

74

1

6/01 - 2/04

12 months

32 months

Printed Use 49 Avnet Global Perspective July/August 2001 1 7/01 & 8/01 up to three months 1 month up to three months 1 month up to 1/8 pg corp newsletter, print run 10k up to 1/8 pg corp newsletter, print run 10k up to 1/8 pg corp newsletter, print run 10k up to 1/8 pg corp newsletter, print run 10k up to 1/8 pg corp newsletter, print run 10k up to 1/8 pg corp newsletter, print run 10k up to 1/8 pg corp newsletter, print run 10k p2 8,000 - 12,000 print run

50

Avnet Global Perspective September 2001

1

9/01

p2 8,000 - 12,000 print run

51

Avnet Global Perspective July/August 2002

3

7/02 & 8/02

0 months

2 months

p2 8,000 - 12,000 print run

52

Avnet Global Perspective September/October 2002

2

8/03 & 10-03

2 months

2 months

p2 8,000 - 12,000 print run

53

Avnet Global Perspective January/February 2003

2

11/03 & 12/03

2 months

2 months

p2 8,000 - 12,000 print run

54

Avnet Global Perspective July/August 2003

2

7/03 & 8/03

2 months

2 months

p3 8,000 - 12,000 print run

55

Avnet Global Perspective September/October 2003

3

9/03 & 10/03

2 months

2 months

p3 8,000 - 12,000 print run

Case 2:04-cv-00621-SRB

Page 3 of 4 Document 214-2

Filed 06/02/2006

Page 46 of 66

Avnets use of Coogans photographs_final revised 060324.xls Use # Description Image # Approximate Date Range of Use Period of Use If Contract Was In Force 2 months Period of Use Scope of Use If Contract Was Not In Force 2 months up to 1/8 pg corp newsletter, print run 10k 2 months up to 1/2 pg corp newsletter, print run 10k 36 months up to 1/4 pg annual report, print run up to 50k 24 months Reference Information

56

Avnet Global Perspective November/December 2003

3

11/03 & 12/03

p3 8,000 - 12,000 print run

57

Avnet Global Perspective November/December 2003

2

11/03 & 12/03

2 months

p10-11 8,000 - 12,000 print run

58

Avnet 2002 printed annual report

2

10/02 - 10/05

36 months

p8 Distributed Oct. 2002 - and continued until October 2005 (36 months) Print run: 55,000

59

Avnet 2003 printed annual report

3

10/03 - 10/05

24 months

up to 1/4 pg annual p8 Distributed Oct. 2003 - and continued until October 2005 (24 months) Print run: report, print run up to 60,000 100k p8 Distributed Oct. 2003 - and continued until October 2005 (24 months) Print run: up to 1/4 pg annual report, print run up to 60,000 100k corporate use, wall print display print

75

Avnet 2003 printed annual report

3

10/03 - 10/05

24 months

24 months

60 61 62

8 X 10.5" foam mounted "bromide" supply-chain.org CRN Magazine Advertisement/Advertorial

1 3 3

unknown 2/25/03 - 2/27/03 2/04

12 months 1 month 1 month

12 months 1 month 1 month

up to 1/8 pg printed Senior Supply-Chain Executive Retreat printed schedule with a print run of 10,000 piece with 10k run up to 1/4 pg Trade publication CRN, with a print run of 110,000, image size 1/4 page advetorial up to 100k run

Additional Unauthorized Use 63 64 65 Submission of Files to Morgan Stanley Submission of Avnet Website to Stevie Awards Competition Submission of Avnet Website to American Soc. of Communication Other Miscellaneous Use /Infringement 66 67 Reproduction on Avnet 50th Anniversary Card Scans (Copies/Derivative Works) 2 3/7/2006 0 months up to 1 year corporate greeting card One copy made by Badar for delivery to Vallee Extent of use unknown Extent of use unknown Extent of use unknown Extent of use unknown

Case 2:04-cv-00621-SRB

Page 4 of 4 Document 214-2

Filed 06/02/2006

Page 47 of 66

ADDENDUM D

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 48 of 66

Q# C01
More Info

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Image Size: Placement: Industry: Duration: Duration Start Date: Edit Usage Web/Electronic/Software Corporate Web Site Worldwide English Up to 1/2 screen Home Page Hardware and Peripherals Up to 1 month March 13, 2006

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Add To Lightbox

Add To Cart

Price appears under each image below.

42-16217455 (RM) 375.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 49 of 66

Q# C02
More Info

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Image Size: Placement: Industry: Duration: Duration Start Date: Edit Usage Web/Electronic/Software Corporate Web Site Worldwide English Up to 1/2 screen Secondary Page Hardware and Peripherals Up to 1 month March 13, 2006

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Add To Lightbox

Add To Cart

Price appears under each image below.

42-16217455 (RM) 260.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 50 of 66

Q# C03
More Info

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Image Size: Placement: Industry: Duration: Duration Start Date: Edit Usage Web/Electronic/Software Corporate Web Site Worldwide English Up to full screen Secondary Page Hardware and Peripherals Up to 1 month March 13, 2006

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Add To Lightbox

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Price appears under each image below.

42-16217455 (RM) 340.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 51 of 66

Q# C04

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Image Size: Placement: Industry: Duration: Duration Start Date: Edit Usage Corporate Use Intranet/Extranet US English Up to 1/2 screen Secondary Page Hardware and Peripherals Up to 3 Months March 10, 2006

More Info

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Select A Lightbox If you wish to add images to a lightbox, please select the lightbox you want to use:
Select One Add To Lightbox Add To Cart

Price appears under each image below.

42-16217455 (RM) 90.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 52 of 66

Q# C05
More Info

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Image Size: Circulation: Industry: Duration: Duration Start Date: Edit Usage Corporate Use E-mail/Electronic Direct Promotion US English Up to 1/2 screen Up to 10,000 Hardware and Peripherals Up to 1 month March 14, 2006

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Add To Lightbox

Add To Cart

Price appears under each image below.

42-16217455 (RM) 735.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 53 of 66

Confirm Price

3/21/06 8:37 PM

Q# C06

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Image Size: Placement: Industry: Duration: Duration Start Date: Edit Usage Brochure/Collateral On-line Brochure US English Up to 1/4 page Inside Hardware and Peripherals Up to 1 month March 21, 2006

More Info

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.
up to 1/4 pg dwnldble PDF of ann report 2002

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Price appears under each image below.

42-16217455 (RM) 405.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

http://pro.corbis.com/popup/RMPricing.aspx?mediauids={36825067-2adc-4b64-bf36-8e354294f3a5}|{cfc07058-de99-4e63-85fb-3e5d94b8fee9}&fdid={88c

...

Page 1 of 1

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 54 of 66

Q# C06b

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Image Size: Placement: Industry: Duration: Duration Start Date: Edit Usage Brochure/Collateral On-line Brochure US English Up to 1/8 page Inside Hardware and Peripherals Up to 1 month March 12, 2006

More Info

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Add To Cart

Price appears under each image below.

42-16217455 (RM) 375.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 55 of 66

Q# C07

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Page Size: Placement: Print Run: Exposure: Industry: Duration: Duration Start Date: Edit Usage Corporate Use Newsletter US English Up to 1/8 page Inside Up to 10,000 Internal Company Use Hardware and Peripherals Up to 1 month March 18, 2006

More Info

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Add To Cart

Price appears under each image below.

42-16217455 (RM) 185.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 56 of 66

Confirm Price

3/22/06 9:52 AM

Q# C08

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Page Size: Placement: Print Run: Exposure: Industry: Duration: Duration Start Date: Edit Usage Corporate Use Newsletter US English Up to 1/2 page Inside Up to 10,000 Internal Company Use Hardware and Peripherals Up to 1 month March 14, 2006

More Info

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.
corp newletter up to 1/2 pg 1 month

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Price appears under each image below.

42-16217455 (RM) 225.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

http://pro.corbis.com/popup/RMPricing.aspx?mediauids={36825067-2adc-4b64-bf36-8e354294f3a5}|{cfc07058-de99-4e63-85fb-3e5d94b8fee9}&fdid={88c

...

Page 1 of 1

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 57 of 66

Confirm Price

3/22/06 10:32 AM

Q# C09

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Page Size: Placement: Print Run: Industry: Duration: Duration Start Date: Edit Usage Brochure/Collateral Annual or Quarterly Report US English Up to 1/4 page Inside Up to 50,000 Communications Equipment Up to 3 Months March 22, 2006

More Info

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Add To Lightbox

Add To Cart

Price appears under each image below.

42-16217455 (RM) 735.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

http://pro.corbis.com/popup/RMPricing.aspx?mediauids={36825067-2adc-4b64-bf36-8e354294f3a5}|{cfc07058-de99-4e63-85fb-3e5d94b8fee9}&fdid={88c

...

Page 1 of 1

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 58 of 66

Confirm Price

3/22/06 10:33 AM

Q# C10

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Page Size: Placement: Print Run: Industry: Duration: Duration Start Date: Edit Usage Brochure/Collateral Annual or Quarterly Report US English Up to 1/4 page Inside Up to 100,000 Communications Equipment Up to 3 Months March 22, 2006

More Info

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Add To Lightbox

Add To Cart

Price appears under each image below.

42-16217455 (RM) 825.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

http://pro.corbis.com/popup/RMPricing.aspx?mediauids={36825067-2adc-4b64-bf36-8e354294f3a5}|{cfc07058-de99-4e63-85fb-3e5d94b8fee9}&fdid={88c

...

Page 1 of 1

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 59 of 66

Q# C11

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Page Size: Print Run: Industry: Duration: Duration Start Date: Edit Usage Corporate Use Wall Print US English Up to Full Print 1 only Hardware and Peripherals Up to 1 year March 10, 2006

More Info

Name and Save This Usage (Optional) You can save the above settings and apply them to future image pricing.

Select A Lightbox If you wish to add images to a lightbox, please select the lightbox you want to use:
Select One Add To Lightbox Add To Cart

Price appears under each image below.

42-16217455 (RM) 390.00 (USD) See Restrictions

Licensing & Usage Guidelines

A note about sensitive subjects

Case 2:04-cv-00621-SRB

Document 214-2

Filed 06/02/2006

Page 60 of 66

Confirm Price

3/22/06 10:51 AM

Q# C12

Rights Managed Images Step 2 of 2:
Category: Use Type: Geography: Language: Image Size: Placement: Print Run: Exposure: Industry: Duration: Duration Start Date: Edit Usage Name and Save T