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Rebuttal To Settlement Offer Letter
Rebuttal To Settlement Offer Letter
Rebuttal To Settlement Offer Letter
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myself against both Chloe Surdyk in addition to Getty Images. I find it insulting, distasteful, and
revealing of how the License Compliance division appears to work. The appearance of civility is
simply that. An appearance.
Because you do not consider this matter closed and my explanations are clearly insufficient, I will not
waste time in more explanations. For the moment, we will have to agree to disagree. In the meantime, I
must ask you to provide some information for me. I believe what I am asking is entirely reasonable and,
as such, should not be difficult to provide. Instead of working in a cloud of mystery, secrecy, and
uncertainty, I believe it is time to shed some light on this case. I am respectfully requesting the following
information:
You mention your manager. I would like to know the name of your manager and what his/her
position is and the contact information. Additionally, I would also like to know the name and
position of your managers superior and the contact information.
I would like to see a copy of the copyright registration and/or license of the image allegedly being
infringed upon.
I would also like to see a copy of your license agreement with Martin Barraud on that specific
image where he has authorized you to take the actions that you have against me.
I would like to know if Martin Barraud of London has been contacted and informed on the
specifics of this particular case.
I would like a precise formula of how you determined each of the four settlement figures and
why they continue to differ over time. I would also like to know how it compares to the actual
damages and liability you have allegedly calculated.
I would like an explanation of why, if I considered paying a settlement fee, must this settlement
be confidential. (As I said in my letter, I am professionally embarrassed but not to the degree I
believe it must be kept confidential. What is the public not allowed to see? Is there something
inappropriate that must be hidden?)
I would like an explanation of why this process must be settled quickly. You probably have
hundreds of letters to deal with. I prefer take the amount of time necessary to do a proper
investigation and get an explanation of where I stand.
I feel that the information I have requested is both fair and reasonable.
As I close out this letter, I would like to leave you with the following thoughts. By your own admission,
you acknowledged my apology and prompt removal of the image. You acknowledge that it was
unintentional and do not believe this is a case of willful infringement. You claim that your actions are to
be fair to your artists. But do you think we should take the step of asking Martin Barrauds opinion?
Perhaps he can assist in resolving this. If I offered a written apology and explanation of the
circumstances to Mr. Barraud in London and he accepted them, would that be sufficient to resolve this?
You claim to want to settle this amicably. I want the same thing. You have it within your authority to do
so quite easily but refuse to do so. As I had previously written, you are not dealing with a legal simpleton
that will simply roll over. Despite your best attempts to state your position, there are always two sides of
a story. And because of the trickery, deceit, and dishonesty I have discovered that goes into your
settlement process, I find what your company does to be coercive, extortionate, and distasteful. It is no
surprise that that your company has generated an incredible amount of negative karma and negative
public opinion from so many people in the Internet community.
Despite my personal feelings, I will continue to maintain a civil and professional tone through this
communication process. Since you do not want nor consider this matter closed, I patiently await the
information I have requested. Thank you.
Respectfully,
Matthew Chan
President