See corrections made by a company insider:
From Randy Taylor :
Photographers (or photo agencies or other creditors) who are owed money by SA Eyedea Presse (more commonly known as Gamma or Gamma Presse) who are not French have only until
December 27th to file a court claim for any monies owed to them.
(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 Presse, a company inside the Eyedea holding, and not the holding, filed for bankruptcy protection on july 30 2009. 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 are and can be paid, including photographers’ copyrighted sales made during the recent past, but BEFORE July 30th 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 by November 30, 2009. After this date, no claims will be considered under French law. (There might be an extension for those who can read French and figure out the dates, but better to file by the original deadline).
November 30th is not the date for claims to be made by photographers overseas. That is the date for French photographers.
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 (see link below).
The 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 NOV. 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 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 your claim letter, which should also include:
- a reference to SA Eyedea Presse
- a statement that you have a claim in the insolvency proceedings
- the date on which the debt was incurred and its amount (if known)
- that you want “reservation of title” in such claim
- the assets of Eyedea covered by the guaranty you are invoking (if known)
- any supporting documentation (ie, sales reports, invoices, etc.)
- a statement of the facts on a separate piece of paper that you personally certify as true, that is also dated and signed
The letter that overseas photographer have already received or will receive includes all the necessary information to make a claim without having to go through files for past documents for proof, i.e you sign the form and send it to the address supplied.
A copy of the official notice from the administrator is at this URL:
Your certified claim should be sent to the following address:
41 rue du Four
Paris 75006 France
A second/duplicate letter should also be sent to the law firm handling the action at this address:
1, Place Boieldieu
Paris 75002 France
A few notes: Readers are reminded that they have only until
December 27th 2009 to file a claim. The sooner, the better. The claim must be done in writing, preferably with proof of delivery. Fax and email are not accepted. And, this is about the French company Gamma (Eyedea). It has nothing to do with their past American partner for many years, which was Liaison Agency.