8 . OUucHARA « avocars # x rolt dela Propriete intetlectvelle Matthew Chan P.O Box 6391 Columbus, GA, 31917 UNITED STATES Paris, December 23th, 2016 By Registered Letter : RK 14 130 816 0 FR Cease and desist letter Subject : GETTY IMAGES / TURNKEYPUBLISHER.COM Sir, | 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 client found many comments which seriously jeopardize its practice on your web site www.turnkeypublisher.com, and more precisely at the following addresses : http://tumkeypublisher.com/tag/getty-images-extortion-letter/ http://tumkeypublisher.com/2008/07/08/ibpa-independent-book-publishers- association-tums-blind-eye-to-getty-images-settlement-demand-letter/ http://tumkeypublisher.com/2008/06/1 7/i-received-a-getty-images-settlement- demand-letter/ Indeed, the combination of the words « GETTY IMAGES » and « extortion » on the search engine Google bring us directly to your web site. Furthermore, the regularity of the methods and of the proceedings used by our client had also been questioned, it have been accused to send “threatening letter’, “extortion letter’. 17,1 dt Colsbe 75008 Paris Tel: 0142 25 42 30-Fax 0142 254231 info @ cabinet. EEPlease find bellow some of the litigious statements: Getty Images extortion letter Copyrights IBPA, Independent Book Publishers Association Turns Blind Eye to Getty Images Settlement Demand Letter July 8, 2008 Matthew Chan 0 “I have been in contact twice with Terry Nathan, Executive Director of IBPA, Independent Book Publishers Association regarding the Getty Images Settlement Demand Letter. As a disclaimer, my publishing firm (Ascend Beyond Publishing) is a [...]" Copyrights My Getty Images Settlement Demand Letter June 17, 2008 Matthew Chan 3 “This post was first published on the MatthewChan.com website. Today, I received a Getty Images Settlement Demand Letter basically trying to extort from me a payment of $1,300 for a bird image that was cr IBPA, Independent Book Publishers Association Turns Blind Eye to Getty Images Settlement Demand Letter duly 8, 2008 Matthew Chan Copyrights, Getty Images, Legal Affairs 0 “Because of this membership profile, | felt it was highly likely someone in its membership would one day receive a Getty Images Settlement Demand Letter like | did. Most people receiving this letter uninformed and, unwarned, would be intimidated by this letter.” My Getty Images Settlement Demand Letter June 17, 2008 Matthew Chan Copyrights, Getty Images, Legal Affairs 3 “Today, | received a Getty Images Settlement Demand Letter basically trying to extort from me a payment of $1,300 for a bird image that was used on theintrepidway.com website. If | pay that amount, basically they agree not to sue me or my company. However, suing and winning are two entirely different issues.” “Unsuspecting U.S. website owners who want to improve the appear of their websites buy these web templates and graphics and use them on their websites. However, months and years later, Getty Images sends this very nasty and threatening letter out essentially holding you fully responsible even if someone else did the crime. | understand that employers are held responsible for many issues, however, what comes is on the verge of insanity and certainly not even close to reasonable. If you are legally uninformed, ! will tell you, it is a very intimidating letter Lunless you think this through carefully. After | calmed down, | took the timeto do a Google and Yahoo search on “Getty Images Settlement Demand Letter”. | think if you do the same, you will get a very interesting education. It is actually devious because Getty Images do not do anyone the courtesy of a Cease and Desist Letter. Basically, let people know that they did the wrong thing and allow them to correct the situation before you get nasty. However, in one mailing, they ask you to remove all the infringing images AND ask you to pay this extortionistic amount so they won't sue you. What a great scam. Start sending letters to anyone who made a mistake to correct the mistake but also demand a huge cash payment while you are at it in exchange for you to NOT sue them. What a great way to make money. Why bother going to court when you can simply instill the fear of a lawsuit into people?” “| felt the need to post this warning message to warn others. There are many, many angry people who have received similar letters from Getty’s Images. | suspect they will want one more web source to consult and discuss this situation.” ‘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 15" of December 2009, disparagement is to discredit someone by spreading criticisms and malicious information about it or its business methods. Moreover, on the 5" 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. Inde 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, 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" 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. Indeed, it is suggested to web users to deny their legal obligations toward my client. They are being discouraged from answering her letters of formal noticeand from paying the sums due for the reproduction of an image owned by my client without its approval. Besides, in the comments attached to the article, you also discuss the strategies and tactics allowing the violation of my client's rights with impunity. Please find bellow some of the litigious statements: Matthew Chan October 1, 2008 at 1:59 pm “You can read about the actions | took at http://extortionletterinfo.com. It has detailed reports and information for anyone who received a Getty Images Letter.” Indeed, on the 12" of July 2012, the Fist Civil Division of the French Supreme Court ruled that the incitement of criminal act is reprehensible. As a result you shall withdraw every indication disparaging my nt on your website. Ifyou do not comply with this letter of formal notice within 8 days from the date of its receipt and, in any case, before the 30" of December, | 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,