On the EPUK list we have been hearing and discussing the appalling situation of a young photographer who has been forced to take down a significant part of an exhibition of her work in Manchester. Following this she has been threatened with all sorts of legal nasties, making her life an absolute misery. Briefly this is what appears to have happened to Alyson following her leaving the employment of Cavendish a Manchester picture agency.
A long time after leaving their employment, and at the launch of an exhibition of work, Brian Whittle, Director of Cavendish and Andy Kelvin, Chief Photographer, turned up uninvited. They did not speak, scouted round the exhibition and allegedly intimidated the manager of the venue, claiming that they had 'ownership' of the material. A 'Legal Warning' followed, demanding that the photos were taken down, that any promotional material be destroyed and any proceeds from the sale of images be given to Cavendish. They also stated that the material was pirated and that they were contacting the Manchester City Council's licensing Authority and also the Trading Standards authority in relation to the matter. They then threatened the photographer with costs from legal fees. The situation has arisen 9 months after the said photographer had left the agency.
I understand that the photographs were taken in her own time, with her own equipment and materials.
The following is a letter many of us are adding our names to, which will go to Cavindish and others, so as to bring this out into the open, and making it clear that we take a very dim view of what has happened. I hope that you will add your support by responding OFF LIST PLEASE to me putting ALYSON in the subject line. We need to move swiftly on this one, so please do it now if you support this stand.
Many thanks
Richard
Richard Kenward ......................................................................... ..................
Without prejudice.
We understand Cavendish Publishing has issued various threats of legal action for copyright infringement, and injunction, against a former employee who has exhibited photographs at her own cost, and taken in her own time.
There seems to be no harm to your financial interest or reputation by this photographer's attempt to promote herself and her photography, as all freelances have to. Indeed most publishers would applaud such an initiative as good PR for themselves, by association, and we know of no other who has taken such a bafflingly feudal and persecutory attitude.
Because freelance photographers depend entirely on exposure of their work to gain more work, and you have impeded this, this is now a highly public debate which will receive industry press coverage. Cavendish's reported actions are already widely perceived as vindictive and unreasonable among several hundred of the photographer's professional colleagues, including ourselves.
It seems necessary to point out that photographers are your suppliers, and you would do better to adopt a more reasonable and equitable attitude to people who you need rather more than they need you. Indeed we can always go elsewhere, and since those of us who have signed this letter have no wish to trade with your company, we obviously have. But as things stand, your existing suppliers and clients will surely wonder if they will be the next target of apparently inexplicable arbitrary spite.
For the avoidance of doubt, this letter derives from our own opinions regarding the actions of Cavendish. It is not written at the instruction or request of your former employee, distressed though she is. Of course, if we have entirely misunderstood your intentions and actions, we will be pleased to hear and publicise your views. But if you persist in this harrying, miserable attitude we will be pressuring the NUJ and other professional bodies to take you on legally. We just don't like bullies; nor for that matter do the courts.
Yours sincerely
etc......................................................
Please guys and gals...all replies to me with just ALYSON in the subject line. No posts to this on Prodig.
Thanks
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