Billing unreported uses

[Reciprocity Images]

I would very much like to hear other members' responses about this issue: I am getting increasingly fed-up with repeatedly finding unreported uses originating from Alamy or its distributors and thus having to spend the time on my own to both find and follow up on these uses. 

 

When I contact Alamy, the response I receive is very mixed. Sometimes I will receive a quick and adequate response, and other times just a "we're looking into it" and will never hear anything further even after repeated inquiries! Maybe a few months down the line a single-digit sale will finally drop in. On some occasions I have resorted to self-billing billing directly and/or using a collection agent. I have collected (far higher fees than Alamy) on a few such cases where Alamy either would not or could not collect.

 

I am wondering if other members have any experiences or advice to give on how to handle these situations? I am sure it must be a violation of the contracts Alamy have with various clients/distributors, so why do they not deal with repeat offenders?? In my opinion, if an image is downloaded and used for 6 months to a year and the client 'forgets' to report, that is copyright infringement and I treat it as such! I bill my own rates, and do not settle for a 30% (distributor) cut of a $6 license one year after the fact! The contributor contract requires the contributor to notify Alamy (or vice vera!) of any cases of suspected copyright infringement: But that puts the responsibility on the photographer to determine if the image originated from Alamy and I must devote additional time and effort to do so... Search, track, make inquiries, report it to Alamy and then wait, sometimes months for a response- All for a measly cut of whatever Alamy (or in some cases the client!) decide I deserve to receive for the original license (if anything), with no additional penalties or added fees! What incentive is there to self-report for these clients?

 

I am sure the opinions are strong and varied, so I would really like to hear some other perspectives. Both good and bad.

 

-Jason

 

edit to add: I am in opted in to distribution, not in newspaper scheme, not in NU.

[RedSnapper]

Just to avoid confusion..

"self-billing" is a term used when newspapers pay for repro/commissions without the need for the supplier to provide an invoice, and is a system approved and ratified by the tax authorities

Self-billing is not the same as "billing yourself"

 

km

[Reciprocity Images]

Just to avoid confusion..

 

"self-billing" is a term used when newspapers pay for repro/commissions without the need for the supplier to provide an invoice, and is a system approved and ratified by the tax authorities

 

Self-billing is not the same as "billing yourself"

 

km

 

Thanks. Edited. "Billing yourself" is not right either since that would imply I would be sending a bill to myself. 

 

Terms aside... I think you understand the problem, care to offer any additional thoughts?

 

-Jason

[Guest]

Self-reporting has been the mainstay of stock for decades, this is a trust business and in the main, it remains so. Alamy did start to audit some clients and the results were shown in sales, a few months ago.

 

Sadly these are not our clients, they are Alamy's and as such, the way the relationship works is down to Alamy (from our side of the issue).

 

is it how I run my business, hell no......

[Reciprocity Images]

Sadly these are not our clients, they are Alamy's and as such, the way the relationship works is down to Alamy (from our side of the issue).

Alamy's clients, but my problem. That's the rub: I'm the one that has to track them down and chase payment, yet Alamy still sets (low) prices and still keeps their cut.

 

In fairness: I have received another response from member services that confirms what you wrote above. I hope they will not mind my posting here:

We’re working to try to find a better solution. We’ve run a number of internal and (using third parties) external audits of many of our customers and have been checking their download and invoicing records [...] we’re in the process of consultation with third parties to find a more watertight reporting/policing system.

So, at least they do acknowledge there is a problem and are hopefully working toward a solution.

 

-Jason

[KWheal]

Every time I reverse image search my images I find non reported usages by 2 newspapers who get massive discounts (both new usages and repeat use). In my view any image unreported by such publications after a set period of time should then be billed at full alamy rate and their contract wording with alamy should reflect that. Then maybe they would clean their act up. As it stands at the moment they pay a flat rate per month (I believe) so non reporting does not hit them, nor alamy, in the pocket.

This happens every time I check and its very time consuming. Multiply that by every alamy contributor and that is a hell of a lot of unreported images. As for alamy trying to find a better solution, follow my suggestion as above and it should clear it up as hitting them in the pocket may be the only language they understand

On the plus side I actually got a Russian company to pay up a healthy fee after they copied an image of mine from the daily mail website which did surprise me as a lot of people say don't bother chasing Russia and china as they never pay up. This was achieved after contacting them by e mail

 

Kevin

[Allan Bell]

Might be worth contributors reading the Terms and Conditions for Alamy's buyers.

 

Allan

[Reciprocity Images]

Kevin- You are of course right when you say that 'hitting them in the pocket' is the only way things will change. However, I find that generally Alamy will not do this for fear of damaging client relationships. While that's a potentially valid fear, one must ask if those are the clients to whom we want to grant unrestricted access and self-billing/reporting. Of course in the situation you describe above, it's the contributor's pocket that's missing out, not Alamy's. So it seems there may not much incentive from either side to clear up the problem unless contributors begin to do something about it.

 

Might be worth contributors reading the Terms and Conditions for Alamy's buyers.

 

Allan

We know what's in there, Alamy need to do a better job at enforcing those policies.

 

 

Any Reproduction by you or on your behalf without reporting of use as soon as practicable, and in any event within 4 months, and payment being received by Alamy constitutes a breach of this Agreement which entitles Alamy immediately to terminate this Agreement and further constitutes an infringement of copyright and other Intellectual Property rights.

The T&C also state that invoices from Alamy must be paid within 30 days and that there is a 30-day limit for refunds... but that's a conversation for another day.

 

-Jason

[KWheal]

Contributors can do nothing about it other than withdraw from the newspaper scheme ( for the instances I spoke about) However I get half decent sales from other newspapers in the scheme and I don't see why I should miss out on those to "punish" those publications who do not report properly. In the end it would be I, the contributor, who would miss out again

As for buyers terms and conditions, I doubt the special contracts for those getting discounts etc  have the 30 day rule.

Kevin

[Reciprocity Images]

Contributors can do nothing about it other than withdraw from the newspaper scheme ( for the instances I spoke about) However I get half decent sales from other newspapers in the scheme and I don't see why I should miss out on those to "punish" those who do not report properly. In the end it would be I, the contributor, who would miss out again

Kevin

As I mentioned, I am opted OUT of Newspaper scheme for some time now. This has mitigated, but not eliminated the problem!

 

As for doing something about it: If Alamy fails to act, contributors can send invoices and treat such cases as infringement rather than waiting for a few peanuts to be thrown in 'on the next billing cycle'.

 

-Jason

[Linda]

To me,it's always worth it to at least try and collect from bigger publishers in China and Russia.I collected $3000 from China.

 

About to send an invoice to a big publisher in Romania too.

 

 

For me,anything not paid within several months(appx 6) I too consider a copyright violation and my invoicing for 1 image up to 1 year starts at $1200 for editorial use.($300 for use,3x penalty for each URL)

 

It's sad we are the only industry that has a 'use first,pay whenever' policy. I can't go to the grocery store,doctor,manicurist,restaurant,etc without making payment on the spot in some form.

 

That's probably another reason why microstock got so popular so fast,at least as for getting contributors.They could see their downloads in real time and knew where they stood with income.

 

L