CABINET
Spe c lallstes
BOUCHARA
en
Droit de
Ia
•
AVOCATS
Proprlete l ntellectuelle
Ell Complaints
Monsieur Matthew Chan
P.O. Box 6391
Columbus, GA 31917
United States
Paris, December 19th, 2016
Bv Registered Letter : RK 00 128 367 4 FR
Cease and desist letter
Subject:
GETTY IMAGES I EXTORSIONLETTERINFO.COM
Sir,
I am the legal adviser of the company GETTY IMAGES.
The company GETTY IMAGES is the biggest global database. Its main activity
is the supply, development and worldwide distribution of online images, videos
and music under which many communication professionals made use.
Indeed , it enjoys an established reputation both domestically and internationally.
However, my cl ient found many comments which seriously jeopardize its
practice on your web site www.extortionletterinfo.com, and more precisely at
the following addresses:
http://www.extortionletterinfo. com/
http://www.extortionletteri nfo. com/how-to-get-he Ip-with-yo ur-extortion-letter/
http://www.extortionletterinfo.com/eli-phone-support-call-with-matthew-chan/
http://www.extortion lette ri nfo. com/attorney-oscar-m ichelen-expla ins-his-gettyimages-defense-letter-program/
http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscarmichelens-defense-letter-program/
Indeed , the combination of the words « GETTY IMAGES » and « extortion » or
«arnaque» (fraud) on the search engine Google bring us directly to your web
site.
17. rue du Colisee 75008 Pans- Tel : 01 42 25 42 30- Fax : 01 42 25 42 31 mfo@ cabmetbouchara.con J I · · · · · · · · · · · · · · · ·
Furthermore, the regularity of the methods and of the proceedings used by our
client had also been questioned, which have been described as « legalized
extortion» and« Extortion Letter Scheme» .
Please find bellow some of the litigious statements :
Welcome to ExtortionLetterlnfo.com (Ell)
Mission Statement
"ExtortionLetterlnfo.com (ELl) is dedicated to reporting information and
providing commentary on Getty Images (and other stock photo)
Settlement Demand Letters. ELl is a privately-owned and privately-managed
website. Every effort is made to provide factual information and professional
opinions regarding Getty Images' (and the respective companies~
"practice" of issuing "Settlement Letters" that we consider 111egalized
extortion".
As Lead Contributors of this website, we believe what they are doing is
technically legal but ethically and morally questionable. "The Letter"
bullies and preys upon the legal ignorance of the letter recipients. This
website attempts to discover, report, and comment on the facts in a civil and
orderly way. This website also provides assistance in defending unaware
and unintended victims of this Letter."
Why is This Being Called "Legalized Extortion" and an " Extortion Letter
Scheme"?
"This is a descriptive and colloquial term for Getty Images' deliberate,
malicious, bullying, and presumptuous letter campaign that engages in
what is tantamount to legalized extortion. The letter in its entirety is both
well-worded and well-constructed. It has been clearly been well thought out.
Because of the deliberate construction and planning that goes into this letter
campaign, it qualifies as a Scheme.
The Letter automatically presumes guilt of the recipient. The letter recipient
is expected to provide proof of their innocence. In effect, the letter recipient is
presumed guilty unless they prove their innocence.
Although the letter does provide for the possibility that the letter recipient was
unaware and unintended of the alleged infringement, the Letter takes a
heavy-handed and unforgiving approach of stating that they are
responsible for all alleged "damages and liability". The Letter
automatically presumes Getty Images has been "damaged" whether or
not that is actually true or proven.
Because this scheme relies heavily on the letter recipients ignorance of
due legal process and people's inherent fear of legal conflict as a result of
that ignorance, it is considered by many as legalized extortion.
Given the overall assessment of the situation, the term "legalized
extortion" was coined to better describe Getty Images very aggressive
letter campaign."
How to Get Help With Your Extortion Letter
October 29, 2016 Matthew Chan Ell Premium Support, General Q
"Since 2008, we 've had thousands of readers discover the ELl website and ELl
Forums after they have received a Getty Images, Masterfile, Corbis, or
some other stock photo agency's or photographer's "extortion letter".
Over the years, many have attempted to contact us through phone and email
asking for help. Early on, we tried to help but eventually there were just too
many requests for help and the help being requested overstepped reasonable
time boundaries. So, we are unable to provide free one-on-one help. However,
we have provided several help and support options.
If you get an extortion letter, this is what you need to do:
1. The very first thing you need to do is to CALM DOWN and TAKE A BREATH!
Tens of thousands of these extortion letters have gone out over the years.
You are far from being alone. Getting an extortion letter from out of the
blue is upsetting but not the end of the world. Your credit will not be ruined,
you will not have to file for bankruptcy, and (most of the time) you won't be
sued. For most people and their situation, the bark is much worse than the bite.
2. This is one is a no-brainer. You should immediately remove ALL copies of
the allegedly infringing images from your web server. Even the "hidden" ones. If
it is anywhere on your web server, you are at risk. Also, if you have other
images you don't have receipts for or authorization to use, you should remove
those as a precautionary measure. If you can get one extortion letter, you
get more. And unfortunately, we know plenty of people who have received
a few extortion letters."
Ell Phone Support Call with Matthew Chan
October 29, 2016 Matthew Chan Ell Premium Support£
"Some of the more notorious copyright extortionists and settlement
demand letters I have personally researched, reported, and consulted on
include:
• Getty Images
• Picscout
• License Compliance Services (LCS)
• Masterfile
• Garbis
• Vincent K. Tylor I J. Stephen Street
• Photo Attorney I Leslie Burns I Carolyn Wright
• BWP Media I Sanders Law
• Higbee & Associates (Mathew Higbee)
• Adlife Marketing & Communications
• DeBoer IP
• lmageRights International
• Woolf, Gafni & Cirlin
• Linda Ellis I Linda's Lyrics I John W Jolin (Dash Poem) ."
Update & Expansion of Attorney Oscar Michelen's Defense Letter
Program
October 29, 2016 Matthew Chan Ell Premium Support, General Q
"One of the ongoing goals of the Defense Letter Program is to efficiently serve
many people as cost-effectively as possible. Because of Oscar's extensive
experience gained from the last 8 years of representing stock photo
extortion letter clients, I am happy to announce, on Oscar's behalf, the
Expansion of the no-frills Defense Letter Program to include legal
representation against the following extortion letters:
• Getty Images Settlement Demand Letters
• Picscout Settlement Demand Letters
• License Compliance Services (LCS) Settlement Demand Letters
• Masterfile Settlement Demand Letters
• Photo Attorney Settlement Demand Letters
• Superstock Settlement Demand Letters
• Garbis Settlement Demand Letters
• Vincent K. Tylor Settlement Demand Letters
• Hawaiian Art Network Settlement Demand Letters
• Linda's Lyrics (Dash Poem) Settlement Demand Letters
• Sanders Law Settlement Demand Letters
• DeBoer IP Settlement Demand Letters
• Adlife Marketing & Communications Settlement Demand Letters
lmageRights Settlement Demand Letters
• And man others ."
According to the judgment given by the First Civil Division of the French
Supreme Court on the 12th of July 2012, this is particularly intolerable and
reprehensible.
Those acts of gross disparagement seriously damage GETTY IMAGES' image.
This article discredits the services offered by my client. Moreover, it calls into
question its seriousness and honesty by accusing it, in a totally unfunded
manner, to be the author of dubious proceedings.
According to a judgment given by the Commercial Division of the French
Supreme Court on the 15th of December 2009, disparagement is to discredit
someone by spreading criticisms and malicious information about it or its
business methods.
Moreover, on the 5th of June 2002, the Paris District Court ruled that
interactions between web users on discussion forums which comments
obviously contain fraud imputations and questionable practices exceed
the limits of the liberty of expression. Indeed, it reaches denigration which
impair the honor and do not respect the dignity to whom it is directed.
Thus. as the registrant of the web site in question. you are responsible for the
information disclosed on it, notably regarding their reliability, veracity or
completeness.
Under the judgment given by the First Civil Division of the French Supreme
Court on the 5 th of July 2006, you shall observed the most elementary prudence
concerning the content of the comments disclosed.
Yet, in this case, those statements have undeniably exceeded the right to
criticize.
Furthermore, those statements incite to violate GETTY IMAGES' rights , which is
particularly intolerable.
As a result you shall withdraw every indication disparaging my client on
your website.
If you do not comply with this letter of formal notice within 8 days from the date
of its receipt and, in any case, before the 27th of December, I had been
instructed to initiate all appropriate action against you.
We truly hope we will not go that far, and that we will quickly manage to settle
this matter.
Pursuant to our professional rules, we are available to discuss this case with
your usual adviser.
Yours sincerely,