Date: Sat, 22 Jan 2000 18:40:27 +0100
To: 46 <y46sez@webtv.net>
From: Phil Franks <freax@arrakis.es>
Subject: your comments
Cc: "Jonny Greene G.A.S." <gong-gas@gpo.sonnet.co.uk>, Daevid Allen <daevideo@om.com.au>

On Saturday, January 22, 2000 at 10:36:24 (EST) you entered the following comments on The Philm Freax Digital Guestbook:


>While I enjoyed the Daevid Allen content with the marvellous pic of
>Daevid, Robert and Archie with the brilliant Banana Moon album and a
>letter from David to you, I did take offence to the comment
>regarding Jonny Greene and GAS.

Why should you take offence? Are you associated with Jonny Greene and GAS in some way? Do you believe that I have no right to control the use of my creative work, or express my own opinions in the way I see fit on my own web site?

The letter, I believe, shows quite clearly that Daevid was not then, and should not be now, in any doubt that whatever use of my work I gave permission for at any given time was specific for that given use. Any further unauthorised use is a violation of copyright.


>As GAS is a non profit org supporting Gong and Daevid Allen projects,
>maybe you could lay off and allow them to make music which is what
>it's about.

GAS is not a "non profit org", it is a merchandising company. It has office premises which I have visited personally, complete with computers and fax machines and all the paraphernalia of an office. The walls are lined with shelf upon shelf of merchandise; products such as posters, T-shirts, books, CDs. This merchandise is sold at concerts and by mail order through the GAS website, which by the way, is a registered commercial domain. This merchandise is sold, as in *for money*. If GAS is not making any profit it's certainly not for lack of trying and in no way excuses them payment to me for any use of my work, quite apart from the courtesy of replying to my messages.

I am a photographer, I make my living licensing rights to use my images.

The Philm Freax Digital Archive is instead a bona fide "non profit org", we sell nothing and are hosted on an academic server as an informational resource, but it is not a fan site nor does it seek to promote anybody's product.

I "could lay off" you say, but then again GAS, Mr. Greene or Daevid "could" reply to my emails. GAS "could" send me the copy of the Camembert CD it promised me as long ago as Fri, 12 Feb 1999, an offer of payment, no matter how modest "could" have been made to me. I "could" also take legal action to recover not only my fee but also compensation.

You ask me to "allow them to make music".

Am I in some way preventing them from making music? It's not just all about music you know, it's also about trust, friendship, loyalty, business ethic, and just plain common decency. David's right, "money don't make it" but my dentist doesn't trade CDs or old photos, he wants cash.


>BTW, your pics came from DA and are no longer displayed.

Wherever they came from any use without my express permission is prohibited. They are, as you correctly state, my photos.

>It certainly won't endear you to many friends of Gong and GAS to keep
>that statement running.

Many personal friends of mine, and of Daevid, Archie et. al are in full agreement with me, many of them haven't been paid either. Should I care about friends of GAS? I think you really mean customers of GAS. I have no interest in furthering myths and helping others profit illegally from my work.

>Just my 2p worth M8 :-)

Thanks, is that all you think my time's worth?

Kind regards,

Phil Franks

--
"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side." - Hunter S. Thompson

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