Wednesday, December 2, 2015

Shedding light.

Many people over the years would have seen posts, or gotten messages warning of the dangers of associating with the likes of me.

All of this time, I've been wrapped up in building my profession, and trying to keep on top of bills, life, and living. I've had neither the time, energy, nor the inclination to respond. I guess I imagined that eventually the vitriol would die a natural death. It hasn't. If anything it's gotten inexplicably worse and I've finally decided that I've been silent long enough.

In February 2009, I started an online community www.phototrini.com, hoping to improve the communication among photographers, knowing that we could all benefit from sharing information, coming together on outings, weekly challenges, and having a means to buy and sell gear within the region.

Around the middle of 2009, through Phototrini, I met Lawrence, a photographer with similar ambitions of becoming a professional. We were both technically inclined, and were able to relate quite well. I held a position with a design firm by weekday, and photography student/wedding photographer by weekend.

We both wanted to gain experience. Coincidentally, I had two weddings booked in Tobago, and wanted a second-shooter. We worked out a rate, and he came on board.

We made a good team. I learned a thing or two about lighting, he gained from my business management experience and posing skills learned at the UWI photography class. I encouraged him to attend the UWI class, and eventually he did.

Photography became a part of my day job, giving us the opportunity to photograph the opening ceremony of the Commonwealth Heads of Government Meeting, and other events.

With more practice and exposure, work started coming in, so much so, that my wife Kerlene encouraged me to go into photography full-time.

My plan was to register a business, find and equip a studio space, offer photography, rent some of the equipment and studio to other photographers, host exhibitions, train others in photography and make it a space to share knowledge.

I shared this dream with Lawrence and asked if he would like to formalise our collaboration. He liked it, and toyed with the idea of leaving his day job.

Nexus Studios was born.

We had a name, a legal entity, and Kerlene came up with a logo.

I found a space in Belmont, arranged for us to meet with the landlord, and on August 29th, 2009, we signed and got our copy of the lease.




We needed gear, so we started making a list of the items needed to start the studio, and in the meantime, I called in a favour from a designer to help layout the new studio. We split the $11,500 renovation bill 50/50.

After a job in mid-September, Lawrence called to say that he had been involved in an accident, totalling his car. He was ok, but he needed a car to maintain his day job, so he would need the funds previously earmarked as his investment in building Nexus to buy a new one. It was understood that though he wouldn't be able to contribute further financially, he would make up for it in effort.

By September 21st, I'd ordered all of the equipment to be used in the studio. Strobes, boom, backdrops, softboxes, power supplies, wireless triggers - everything we could need.

The equipment eventually arrived in Trinidad, along with a huge cost for freight, duties and taxes, so while paying the studio's rent and utilities, I paid these costs also.

We had a studio, and needed to put the word out, so I asked a friend to help design a flyer, and we printed 1000 flyers, splitting the cost of those 50/50.

Flyer advertising Nexus Studios

Worked trickled in, I was now footing the bills for rent, utilities, consumables, web hosting,
and web advertising.

In March of 2010, we heard of a small group of photographers meeting in South to discuss photography. We attended one of these meetings at a mall food court, and met James Solomon, along with three other photographers. James boasted of a wealth of experience, and seemed knowledgeable, and willing to share.

This seemed like the start we were looking for toward offering education through Nexus Studios. By the end of the session, we had invited James and his associates to have their next meet at our Belmont studio, where we promised that we could at least double the headcount through the network of Phototrini.

The next meeting was attended by no less than 12 photographers. Subsequent meetings at our studio attracted 18, then 22, then 35, then 38 photographers. We even had Phototrini members from overseas wanting to be a part of these sessions, so we streamed live over the internet, and fielded questions from abroad. James became a regular contributor to the networking sessions and was often hired to assist on many of our shoots. He began referring to himself as our mentor.

Nexus was in business for just over a year. I used my personal Smugmug account to host its website (under its own name). There were several thousand images on the site. Portfolios, portrait proofing galleries, wedding proofing galleries, almost every image Nexus photographed. The account was paid for from my credit card.

I'd invested well over $100,000 in Nexus' development. I'd bought all of the initial studio equipment, (some additional being bought by funds reinvested in the company) paid the studio's first 15 months' rent, installed the alarm, paid bills, etc. 

Financially, Lawrence had contributed about $5,500 (50%) toward converting the Belmont location into a usable space, along with 50% of the flyer cost, then wrote off his car a couple weeks later. I told him that the arrangement was no longer working for me and offered to buy him out.

He refused my offer for his share in the company, insisting that he was entitled to half of my equipment, as well as half of the company's assets.
He was also of the opinion that the Nexus brand was worth a great deal of money, and told me I'd never have it for myself. I just wanted out, so I started Scully Photography. The platform given to James to promote his mentoring and education through Nexus also ended with the dissolution.
Lawrence told me to remove all his images from the website forthwith, to which I had to remind him that we were contractually obligated to leave several private wedding galleries online for the remainder of the agreed time (12 months).

I sorted through the images in the public galleries, removed his and rebranded the site as Scully Photography. Eventually I removed all the other wedding galleries.
Sometime later on, I got a cease and desist letter from his lawyer, informing me that I'd been using his images for my promotion, and that I'd been selling prints and profiting off of his images. I responded that I had no clue as to what they were referring.
They had sent links to four images on the site. I'd mistaken them for my images as we had both shot very similar photos on more than one occasion, sometimes using each others cameras.

I removed the images and again responded, apologised, and let them know it was an oversight on my part. They never responded.

Some time later, I heard James was promoting a new video to the public on facebook, in emails to my clients, and even to international photographers we had brought in and hosted to conduct workshops here.

Lawrence had screen captured a visit to the site before I'd been able to remove the images, verified in the screen capture that they were his, and showed that he could have ordered a print, inferring that I was selling prints of his work. The video is entitled Copyright Infringement by Antony Scully and libelous reference is made to 'several hundred' images 'stolen'.

While rebranding the site, I'd enabled print ordering without realising it applied to the entire site, public galleries included. So,while in theory a print could have been ordered, the site would have prevented the order from actually going through as only low-res files resided on the server.

The good thing about Smugmug is that it rigidly maintains accounts, and the accounts show that I sold my first print through the site in 2013, while his video was produced in 2011.

Smugmug Account Summary - sorted oldest to newest 

James approached me at my wife's funeral 4 years ago, expressing his condolences, and offering his assistance in any way possible, and I thought he was over his one man crusade.

Within a month, he was back at it. Calling and emailing my friends, associates, and clients to inform them, among other things, that I am a "Pillar of Skulduggery", and sharing the video that has nothing to do with him, and which is contextually misleading and easily explained.

Clients and even associates overseas have called asking "Who is this James?", "Why is he contacting me?" "What's his problem?"

I know I have lost business as a result of his vendetta. I've also realised that many people see him for what he is, which is why so much of what is said behind the anonymity of being blocked on facebook comes back to me. I have nothing to hide and continue to hold myself to the highest standards I can, and I am ready and willing to have any conversations and answer any questions anyone might have on this issue.

Give me a call, drop by the studio, and we can talk.



Antony

1 comment:

  1. Antony, you do realize jealousy & envy rear their heads in different forms right?!
    Unfortunately, like so many of us that have lived through the Partner scenarios in business, it is regrettably not an uncommon occurrence. That's why in business, partnerships are so commonly looked at with severe apprehension and actually advised against bu most.
    Still, I'm sorry that this was your experience.. and without the premise of "bashing".. you are better off without them.

    From what I've seen of your collective works, they know your ability and fear had to be the motivation. fear that you would realize that you don't need them.. fear that you would recognize your own skill/gifts.. fear and doubt in their own abilities.. just fear.. weather they admit it or not.

    "LIFE:
    A journey of constant learning, it's not a destination type trip.
    Its experiences are life lessons from which we grow.. especially the bad ones.
    You learned, you grew, therefore, though unpalatable, it was not wasted.
    Look toward your next challenge/battle and pray it be difficult, for when you triumph, you will have grown in leaps & bounds yet again.

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