Non-French photographers, photo agencies and other creditors owed money by SA Eyedea Presse (more commonly known as Gamma or Gamma Presse) only have until November 30 to file a court claim for any monies owed.
(This information comes from a friend in Europe. As a former contributor of images to Gamma, this was news to me. It is a compelling call to action for any non-French photographer who has images with Gamma or subsequent business entities now controlled by the bankruptcy court under the umbrella of Eyedea.)
Eyedea, the holding company of Gamma, has filed for bankruptcy administration. An insider who is looking to let everyone know what’s happening advises that, “For the moment, they are still trying to save what’s left of the agency after having [fired] most of the staff. An administrator is considering which of its debts can be paid, including photographers’ copyrighted sales made during the recent past, but BEFORE July 30, 2009. Any sales after that date must be paid [normally] until the court orders the liquidation of the company.”
The letter from a court-appointed administrator in October calls for all claims to be made in writing by November 30, 2009; faxes or emails will not be accepted. After this date, no claims will be considered under French law. (There might be an extension for those who cannot read French and figure out the dates, but better to file by the original deadline.)
Some photographers have said that sales reports have not been sent for a long time, making it impossible to file an exact claim. And some have not received the administrator’s notice.
An insider close to the situation says: “I suggest you send a registered letter with return receipt (or use some other verifiable courier such as FedEx), BEFORE November 30, to the administrator stating that you reserve your right to make a claim and that you give some estimated figure to be verified by a later audit to confirm this estimate.”
The same source adds: “The appearance of Gamma’s lack of proper communication with its foreign photographers suggests it is planning to freeze out [their] due rights and payments.”
The official notice from the administrator is geared more towards those who have invoices, bills or other clearly defined debts owed. It provides guidance of what the court is looking for in a claim letter, which should also include and address:
- reference to SA Eyedea Presse;
- statement that you have a claim in the insolvency proceedings;
- date on which the debt was incurred and its amount (if known);
- statement that you want “reservation of title” in such claim;
- assets of Eyedea covered by the guaranty you are invoking (if known);
- supporting documentation (i.e., sales reports, invoices, etc.); and
- statement of the facts on a separate piece of paper that you personally certify as true, also dated and signed.
Certified claims should be sent to:
Maître Valliot
Administrateur Judiciaire
41 rue du Four
Paris 75006 France
A second, duplicate letter should also be sent to the law firm handling the action:
SCP Becheret-Thierry-Senechal-Gorrias
1, Place Boieldieu
Paris 75002 France
It should be noted that this is about the French company Gamma (Eyedea). It has nothing to do with the Liaison Agency, Gamma’s former American partner of many years.
Randy Taylor is a New York photographer and co-founder of StockMedia.net and StockPhotoFinder.com.