Photographer wins legal victory over image used on Next T-shirt
A photographer has secured a landmark legal victory after a picture he took at Shropshire County Show was superimposed onto a chimp and used on a T-shirt by high street giant Next.
Extreme sports specialist Allan Potts took the shot of BMX stunt rider Arran Powley at the annual show at Shrewsbury's West Mid Showground in June 2010.
Soon afterwards, the image was picked up and used on a child's T-shirt by Next, with the rider's head replaced by that of a chimpanzee.
The Corwen-based snapper, advised in the case by county law firm FBC Manby Bowdler, has now seen Next accept his ownership of the photo and remove all stock nationally and online, while he has agreed an undisclosed damages payment.
Next will also send all remaining stock, which had appeared in its directory, online, and in its 500 UK high street stores, to aid charity Oxfam for its work overseas.
Mr Potts said: "It was fortunate that my original copyrighted image was so easily recognisable by FMX followers, so that I was soon alerted to the misuse of this photograph, and felt it was vital to take action to stop its use as soon as possible.
"I am delighted that FBC Manby Bowdler resolved the matter so swiftly, thoroughly and professionally. Donating the remaining T-shirts to Oxfam means that some good has come from this episode and will mean that it remains a much more pleasant memory for me than it otherwise could have been."
A Next spokesman today confirmed that the T-shirt has been removed from sale. Charlotte Clode, who represented Mr Potts, said: "As a photographer specialising in extreme sports, and as the official photographer for the Bolddog Freestyle Moto cross Display team, Allan was understandably worried that it could harm his reputation if it was thought he had sold this picture to the fashion chain.
"We therefore had to act fast to protect his reputation. In this case, Allan was able to produce a photograph which was timed and dated as evidence he owned copyright in the image. It was also accepted that the photograph was used without his consent when it became apparent that Next's supplier had simply found the original image online.
"Those factors all meant the matter could be resolved promptly by agreement."