5th NOVEMBER 2008 - SAA continues our commitment to intervene on behalf of photographers who had Digital Railroad archives and post updates to the community. We are in ongoing communications with Diablo Management, the crisis management company handling the matter.
On Oct. 28, Digital Railroad operations shut down. On Oct. 31, Diablo issued a memo announcing that a Letter to Intent was received to purchase some of Digital Railroad's assets. Diablo is now issuing an email in response to inquiries, which provides some answers about the fate of archive fees paid
and license fees due.
Following is our latest information on the issues facing photographers with DRR archives.
1. Access to image files and licensing records
As of today, DRR's servers are still online, but they could be turned off at any time. Diablo's Oct. 31 memo stated that image files will be preserved and "after the completion of an asset purchase agreement, the acquiring company will contact owners of the images to determine their disposition."
SAA still urges photographers to back up image files and download licensing records. Download licensing records, including details about pending sales, and a list of all registered users who accessed your Archive.
2. Status of DRR archive fees and Marketplace licensing fees already paid
Diablo's Nov. 3 email confirms that "all monies that have been received are the property of the senior secured creditor. The cash received will not be adequate to satisfy the claim of this creditor. Therefore DRR lacks the cash necessary to pay any additional claim related to hosting services, payments
to photographers, or other payables."
SAA suggests that photographers who pre-paid archive fees by credit card for a full year of service should consider disputing this charge. For those who paid monthly by credit card, be sure to check your statements to confirm that these fees are no longer being charged.
3. Status of payments due for pending Marketplace licenses
Diablo has confirmed to SAA and stated in their Nov. 3 email the intention to pay photographers for licensing fees still outstanding: "With regard to images in Marketplace that have been downloaded
and /or used, and for which the publisher has not already made payment, we will work, with the assistance of photographer associations, to get the photographers paid."
In addition, the memo states that a status report on financial matters will be sent to all creditors in approximately thirty days, and requests that photographers "submit a statement for unpaid amounts that may be due to you from DRR by December 1, 2008 to: Digital Railroad, Inc, c/o Diablo Management
Group, 1452 N. Vasco Road, #301, Livermore, CA 94551."
SAA will continue to stay engaged in this issue, seeking clarification and pressing for a fair resolution. We will be posting updates to the SAA web site at http://www.stockartistsalliance.org/drr
Betsy Reid
SAA executive director
Source: CEPIC
Showing posts with label SAA. Show all posts
Showing posts with label SAA. Show all posts
Friday, November 7, 2008
Wednesday, October 29, 2008
Photographers with Digital Railroad Archives need to take immediate action
Today, an announcement was posted to the Digital Railroad web site that operations have shut down and the site may only be accessible for another 24 hours.
Visitors to DRR.net are now greeted with this notice: We're sorry to inform you that Digital Railroad (DRR) has shut down. On October 15th we reported that the company had reduced its staff and was aggressively pursuing additional financing and/or a strategic partner. Unfortunately, those efforts were unsuccessful. Therefore Digital Railroad has been forced to suspend all operations. This archive may only be accessible for the next 24 hours.
SAA recommends that any photographer with a DRR archive act without delay to:
Ensure that all of your files and data are backed up.
Download all details of licenses made with outstanding royalties due.
Download a list of all registered users who have accessed your Archive.
Check that any monthly or annual fees do not continue to be billed to your credit card.
SAA is greatly concerned about the status of outstanding royalties due to photographers from DRR's Marketplace stock portal, as well as the manner in which this closure has been handled, giving loyal customers no reasonable advance warning or support. We will continue to monitor the situation and try to assist in any way we can on behalf of photographers.
Betsy Reid
SAA executive director
Source: CEPIC
Visitors to DRR.net are now greeted with this notice: We're sorry to inform you that Digital Railroad (DRR) has shut down. On October 15th we reported that the company had reduced its staff and was aggressively pursuing additional financing and/or a strategic partner. Unfortunately, those efforts were unsuccessful. Therefore Digital Railroad has been forced to suspend all operations. This archive may only be accessible for the next 24 hours.
SAA recommends that any photographer with a DRR archive act without delay to:
Ensure that all of your files and data are backed up.
Download all details of licenses made with outstanding royalties due.
Download a list of all registered users who have accessed your Archive.
Check that any monthly or annual fees do not continue to be billed to your credit card.
SAA is greatly concerned about the status of outstanding royalties due to photographers from DRR's Marketplace stock portal, as well as the manner in which this closure has been handled, giving loyal customers no reasonable advance warning or support. We will continue to monitor the situation and try to assist in any way we can on behalf of photographers.
Betsy Reid
SAA executive director
Source: CEPIC
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