THE HOFFMAN LAW FIRM

330 WEST 72ND STREET NEW YORK, N.Y. 10023

TELEPHONE: 2128736200 FACSIMILE: 2129747245

BARBARA T. HOFFMAN

April 20, 2012

Via Messenger

Honorable Michael H. Dolinger United States Magistrate Judge Daniel Patrick Moynihan United States Courthouse, Courtroom 17D . 500 Pearl Street New York, NY 10007 Re:

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A ence France Presse v. Daniel Aforel No. 1O-cv-2730 (AJN MHD

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Dear Magistrate Judge Dolinger:

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As you are aware, I represent Daniel Morelin the labove-captioned case.-e.

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As you are also aware, there have been several issues with the over-designation by A and Getty Images of documents as confidential and highly-confidential. For example, the document on social media policy was listed as highly-confidential by counsel for AFP although it appeared available to everybody on the AFP website. Notwithstanding this over-designation, counsel have been working for the past two weeks to arrive at acceptable compromises. I am happy to report that we have for the most part been able to accommodate Mr. Morel's desire for certain information key to his case and the need refer to it in his Memorandum of Law and Rule 56.1 Statement which will he e-filed and the need for privacy and confidentiality with respect to financial terms, sales figures etc. For example, the counsel have come to an agreement that Exhibits 1 and 2 prepared by Mr. Morel for the deposition for Catherine Calhoun Senior Director Media Sales, Getty Images, could be dedesignated with the exception of personal client information of client representatives and sales price of various images which is acceptable to all parties. We do have a stumbling block. Getty images intends to argue that it received no financial benefit from the infringements at issue. AFP also not doubt will argue in defense of Mr. Morel's claim of vicarious liability, that they too do not have a direct financial benefit in the AFP/Getty Images relationship. Mr. Morel intends to use select portions of the AFP/Getty Images partnership agreement as evidence in support of his claims both under the Digital Millennium Copyright Act and for secondary liability under the Copyright Act of 1976 and to challenge the Getty Images argument

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THE HOFFMAN LAW FIRM

Page2 Judge Michael H. Dolinger April 20, 2012

that it played a passive role and derived no financial benefit from the infringement. It would be extremely burdensome as well and against the whole point of e-filing and transparency for Mr. Morel to have to redact portions of his Memorandum of Law and Rule 56.1 Statement or to have to file those statements under seal. This case is intensely watched by bloggers on the internet and it is significant. The AFP/Getty Images agreement is included for the Court's review. The paragraphs that we would like to use from the agreement are as follows: Pages 1-2 Definitions Page 5 Grant of License 2(a) Page 6 Use for Commercial Purposes section (d) Page 7 Pricing and Licensing Terms section (g) Page 9 Royalty Reports section (b) Page 13 Use Agreements/Photo Credits sections 7(a) and (b) Page 14 Limitation of Liability section 9 Page 14 Indemnification section 10 Page 22 Schedule 1B Pages 23-24 Schedule 2A The federal courts "have recognized a strong presumption of public access to court records." Video Software Dealers Assoc. v. Orion Pictures Corp., 21 F. 3d 24,26 (2d. Cir. 1994) (citing Nixon v. Warner Comm 'ens, Inc., 435 U.S. 589, 597-98 (1978. We intend to have our papers ready for filing on Thursday and would appreciate Your Honor's guidance. Respectfully submitted,

Barbara Hoffman Enclosure cc: Joshua Kaufman, Esq. (via e-mail w/o enclosure) James Rosenfeld, Esq. (via e-mail wlo enclosure)

FAX Cover Sheet

Date: To: Barbara T. Hoffman, Esq. The Law Office of Barbara Hoffman 330 West 72nd Street New York, NY 10023 Fax: (212) 974-7245 Joseph T. Baio, Esq. Willkie Farr & Gallagher LLP 787 Seventh Avenue New York, NY 10019 Fax: (212) 728-9203 James Eric Rosenfeld, Esq. Davis Wright Tremaine LLP (NYC) 1633 Broadway New York, NY 10019 Fax: (212) 489-8340 Joshua J. Kaufman, Esq. Meaghan Hemmings Kent, Esq. Venable LLP (NYC) 1270 Ave of the Americas New York, NY 10020 Fax: (202) 344-8300 April 23, 2012

Re:

Agence France Press v. Morel et al. 10 Civ. 2730 (AJN) (MHD) Endorsed Order: If Getty and/or AFP intend to defend the designation of the cited passages from their partnership agreement, they are to provide one or more affidavits or declarations establishing in detail the evidentiary basis for their position. This is to be done by close of business April 25, 2012. Plaintiff may respond by close of business April 26, 2012. Plaintiff may withhold e4i1ing of his papers (but not service) until this dispute is resolved.

From:

Magistrate Judge Michael H. Dolinger United States District Court Southern District of New York 500 Pearl Street, Room 1670 New York, New York 10007-1312 FAX (212) 805-7928 TELEPHONE (212) 805-0204 This document contains pages, including this cover sheet.