Getty Images (Cabinet Bouchara Avocats) Attempts to Intimidate ELI to Kill Links

[Matthew Chan]

2017 is off to a lively start for ELI.  I got back into town last night and saw a notification of certified letters waiting for me. I knew one letter was ELI-related because it was being addressed to "ELI Complaints" but it was from France which I thought was very interesting. I was going to NOT sign it but my curiosity got the better of me. I thought it might have been from some obscure French stock photo agency complaining about something a user wrote. It wasn't. It is supposedly from Getty Images.

However, the letter written by French lawyer, Vanessa Bouchara of Cabinet Bouchara Avocats: http://en.cabinetbouchara.com/vanessa-bouchara.html

The two cease and desist letters that were sent to me are here:
https://www.scribd.com/document/335891005/Getty-Images-France-Cease-Desist-Letter-to-ELI
https://www.scribd.com/document/335891075/Getty-Images-France-Cease-Desist-Letter-to-TurnKeyPublisher

The letter directed at ELI objects to these ELI links:
http://www.extortionletterinfo.com
http://www.extortionletterinfo.com/how-to-get-help-with-your-extortion-letter/
http://www.extortionletterinfo.com/eli-phone-support-call-with-matthew-chan/
http://www.extortionletterinfo.com/attorney-oscar-michelen-explains-his-getty-images-defense-letter-program/
http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscar-michelens-defense-letter-program/

The letter directed at TurnKeyPublisher.com objects to these following links:
http://turnkeypublisher.com/tag/getty-images-extortion-letter/
http://turnkeypublisher.com/2008/07/08/ibpa-independent-book-publishers-association-turns-blind-eye-to-getty-images-settlement-demand-letter/
http://turnkeypublisher.com/2008/06/17/i-received-a-getty-images-settlement-demand-letter/

These are older, outdated links from 2008 prior to my formally launching ELI but apparently Vanessa Bouchara and Getty Images has a problem with them.

A response is forthcoming and I will be writing it myself. But let me give you a clue as to what I think.  This is probably the most ridiculous piece of shit legal threat letter I have read in a LONG time. 

I have to get this straight because I am having mental challenges over this matter. We have a huge American stock photo company known for sending thousands of extortion letters in the last 10 years infamously using legal intimidation tactics and now they have hired a French lawyer from a French law firm, quoting French laws, and threatening to use the French legal system against an American citizen living and operating an American website in the U.S. whose readership is primarily directed to American readers. Did I get that right?

Am I to understand that American laws like the First Amendment and other free speech laws have suddenly become subservient to French laws because French lawyer, Vanessa Bouchara of Cabinet Bouchara Avocats says so? Ummmm... No, I don't believe so.

These letters are so nonsensical, pathetic, and desperate, it barely deserves a response. But I will eventually formulate a response and I will post it for everyone to read next week.

The fact these letters are going out to bloggers, commenters, and critics is a sign someone is pretty desperate and that the collective criticisms throughout the Internet seem to be taking a toll on their efforts.

Blogger Ryan Healy is apparently the first person to post on ELI about it. I didn't even know he posted until Robert Krausankas told me about his post. http://www.extortionletterinfo.com/forum/getty-images-letter-forum/a-new-getty-problem-cease-desist-letter-from-france/

[Matthew Chan]

Below is the text version of the cease and desist letter French lawyer, Vanessa Bounchara, sent to me regarding ELI.  Please note that there are several typos and misspellings in Vanessa's letter. https://www.scribd.com/document/335891005/Getty-Images-France-Cease-Desist-Letter-to-ELI

================
Cabinet Bouchara Avocats
Specialistes en Droit de la Propriete Intellectuelle

ELI Complaints
Monsieur Matthew Chan
P.O. Box XXXX
Columbus, GA 31917
United States

Paris, December 19th, 2016

By Registered Letter : RK 00 128 367 4 FR

Cease and desist letter

Subject: GETIY IMAGES / EXTORSIONLETTERINFO.COM (sic)

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 client 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.extortionletterinfo.com/how-to-get-help-with-your-extortion-letter/
http://www.extortionletterinfo.com/eli-phone-support-call-with-matthew-chan/
http://www.extortionletterinfo.com/attorney-oscar-michelen-explains-his-getty-images-defense-letter-program/
http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscar-michelens-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.

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 (ELI) Mission Statement

"ExtortionLetterlnfo.com (ELI) is dedicated to reporting information and providing commentary on Getty Images (and other stock photo) Settlement Demand Letters. ELI 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 "legalized 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 ELI Premium Support, General

"Since 2008, we've had thousands of readers discover the ELI website and ELI Forums after they have received a Getty Images, Masterfi/e, 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."

ELI Phone Support Call with Matthew Chan
October 29, 2016 Matthew Chan ELI 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
Corbis
Vincent K. Tylor / J. Stephen Street
Photo Attorney / Leslie Burns / Carolyn Wright
BWP Media / Sanders Law
Higbee & Associates (Mathew Higbee)
Adlife Marketing & Communications
DeBoer IP
Image Rights International
Woolf, Gafni & Cirlin
Linda Ellis / Linda's Lyrics / John W. Jolin (Dash Poem) ."

Update & Expansion of Attorney Oscar Michelen's Defense Letter Program
October 29, 2016 Matthew Chan ELI Premium Support, General

"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
• Corbis 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
Image Rights Settlement Demand Letters
• And many 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 5th 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,

Vanessa Bouchoura

[Matthew Chan]

Below is the text version of the cease and desist letter French lawyer, Vanessa Bouchara, sent to me regarding my other website, TurnKeyPublisher.com. Please note that there are several typos and misspellings in Vanessa's letter. https://www.scribd.com/document/335891075/Getty-Images-France-Cease-Desist-Letter-to-TurnKeyPublisher

=================
Cabinet Bouchara Avocats
Specialistes en Droit de la Propriete Intellectuelle

Matthew Chan
P.O Box XXXX
Columbus, GA, 31917
UNITED STATES

Paris. December 23th, 2016

By Registered Letter: RK 141308160 FR

Cease and desist letter

Subject : GETTY IMAGES / TURNKEYPUBLISHER.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 client found many comments which seriously jeopardize its practice on your web site www.turnkeypublisher.com. and more precisely at the following addresses:

http://turnkeypublisher.com/tag/getty-images-extortion-letter/
http://turnkeypublisher.com/2008/07/08/ibpa-independent-book-publishers-association-turns-blind-eye-to-getty-images-settlement-demand-letter/
http://turnkeypublisher.com/2008/06/17/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".

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
"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
"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...]"

IBPA, Independent Book Publishers Association Turns Blind Eye to Getty Images Settlement Demand Letter
July 8. 2008 Matthew Chan Copyrights, Getty Images, Legal Affairs
"Because of this membership profile, I felt it was highly likely someone in its membership would one day receive a Getty Images Settlement Demand Letter like I 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
"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 used on theintrepidway.com website. If I 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. I 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, I will tell you, it is a very intimidating letter unless yOU think this through carefully. After I calmed down, I took the time to do a Google and Yahoo search on "Getty Images Settlement Demand Letter". I 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?"

"I 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. I 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 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, 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 5th 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 I took at http://extortionletterinfo.com. lt has detailed reports and information for anyone who received a Getty Images Letter."

Indeed, on the 12th 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 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 30th 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,

Vanessa Bouchoura

[Matthew Chan]

This is my response letter to French lawyer, Vanessa Bouchara.

https://www.scribd.com/document/336153842/Response-to-Cabinet-Bouchara-Avocats-Getty-Images-Vanessa-Bouchara-Censorship-Gag-Letter

Anyone may borrow or use the content of my letter if they feel it will help them in their own situations. No ELI Support Call required!  :-)

Special thanks to Oscar Michelen who read over my letter and made some good suggestions.

===============

January 10, 2017

Ms. Vanessa Bouchara
Cabinet Bouchara Avocats
17 rue du Colisée - 75008 PARIS

Email Address: [email protected], [email protected]

I am in receipt of your two letters where you attempt to convince me that I should remove specific blog posts from my websites where I have reported demonstrably accurate facts and expressed informed opinions about your purported client, Getty Images.

It is unclear to me whether you represent Getty Images in the U.S. or Getty Images in France. Which specific entity do you represent here? I request to see proof of who you claim to represent as this is unprecedented for me to receive any letters from France regarding any matter.

Regardless of which corporate entity you represent in France, I inform you of the following:

1.   I am a U.S. Citizen who lives and work in the U.S.
2.   I do not have any business interests in or solicit any business from France.
3.   My websites are hosted in the U.S., written in English, and primarily targets American readers.

As such, any content you or your client may object to on my website all firmly within the realm of U.S. laws and the First Amendment. I do not see how you can threaten me with a lawsuit being brought in a country in which I have no contact, connections, or involvement.

Am I to blindly accept and believe that French law somehow has jurisdiction over me, my posts, or my websites based on your form letter? What about the U.S. First Amendment? Are you asserting that French law somehow has superior jurisdiction here?

French law might have jurisdiction over you, your law firm, and your client operating in France. But I cannot see any way whatsoever how French law applies to me or my websites.

Until you provide me some important answers to my questions regarding your purported client's status and standing as well as a convincing explanation why French law has any bearing or relevance to me or websites, I have no intention whatsoever in removing any posts that I or anyone else have written and posted on my websites.

Respectfully,
 
Matthew Chan (on behalf of ExtortionLetterInfo.com & TurnKeyPublisher.com)

[Matthew Chan]

The ELI story got written up in the Washington Post / Volokh Conspiracy:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/10/american-bloggers-criticizing-american-company-threatened-by-french-lawyer-citing-french-law/

Another typical bullshit response by Getty Images. They get caught and they simply say it is a mistake with zero consequence.  But they want everyone else to pay them.  They apologized to no one.  And I have not heard anyone getting any retraction letters.

[Matthew Chan]

Due to the extremely threatening letter from Vanessa Bouchara, we will henceforth be calling ourselves blackmailletterinfo.com and referring to the outrageous demand letters as "copyright blackmail letters."

:-)

[Greg Troy (KeepFighting)]

Due to the extremely threatening letter from Vanessa Bouchara, we will henceforth be calling ourselves blackmailletterinfo.com and referring to the outrageous demand letters as "copyright blackmail letters."

:-)

Ha!

[Matthew Chan]

ELI Team Member, Greg Troy, has also just received his letter from French lawyer, Vanessa Bouchara and posted his story:

http://gettyimagesmustchange.com/site/getty-images-now-trying-to-control-free-speech-and-limit-opinions/

Greg is responsible for initiating the longest thread in ELI history. It appears that Getty Images has sufficiently ruffled Greg's feathers and he has decided to become much more vocal than he has been. Like myself, Greg is an extreme skeptic and find their apology offered to Eugene Volokh of the Volokh Conspiracy impotent.

Thank you, Vanessa Bouchara, for bringing Greg back into the ELI fold and he is unhappy and on the warpath now. I think we will be hearing from Greg a bit more in the days and weeks to come.  This is not over for him.

I have not heard from anyone that received these recent Getty Images censorship letters seeing any retraction letters or direct apologies. Eugene Volokh gets the apology although he never received a censorship letter to remove any of his content.

[Matthew Chan]

Techdirt did a nice job covering, commenting, and summarizing the ELI story:

https://www.techdirt.com/articles/20170111/11203336464/gettys-french-office-sends-out-letters-to-us-websites-demanding-they-take-down-anything-linking-it-to-legalized-extortion.shtml

[throwaway456]

I have to get this straight because I am having mental challenges over this matter. We have a huge American stock photo company known for sending thousands of extortion letters in the last 10 years infamously using legal intimidation tactics and now they have hired a French lawyer from a French law firm, quoting French laws, and threatening to use the French legal system against an American citizen living and operating an American website in the U.S. whose readership is primarily directed to American readers. Did I get that right?

My speculation/opinion:

Sounds like an example of where US lawyers didn't want to touch this one. Instead of giving up, the parent company went overseas to find someone willing to take on the case. There must have been some internal drama on this one.

Your response probably validated their US lawyers' concerns about the approach...

[Matthew Chan]

Whether or not, this was an intentional act by Getty Images, most of us will never know.  But most of us are not buying the "mistake".  In either case, Vanessa Bouchara was the one who took the fall for it. And she was the one who issued email apologies to all U.S. letter recipients. But that probably would not have happened had I not contacted Eugene Volokh of Washington Post's Volokh Conspiracy who covered the story.  Eugene gets the credit for the Getty and Bouchara apology.

I have no false illusions that it was me or any of the other recipients that motivated that. But getting written about in the Washington Post was not something Getty Images liked very much. Hence, the public statements.

My speculation/opinion:

Sounds like an example of where US lawyers didn't want to touch this one. Instead of giving up, the parent company went overseas to find someone willing to take on the case. There must have been some internal drama on this one.

Your response probably validated their US lawyers' concerns about the approach...