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Bill Brooks

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About Bill Brooks

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    Photography, Outdoors, Hiking, Travel, Reading, Philosophy, Shoveling Trouble


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  • Joined Alamy
    03 May 2004

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  1. The problem with crafts is copyright. You can own a work of art/craft object (property), but not own the copyright to the property. Here is an article about a book publisher who became embroiled in such a lawsuite. The publisher took the risk and defended the lawsuite. When the average stock sale was $350 with 50-60% to the photographer I would take the small risk to the photographer. However for a $2 sale with 60 cents to me I will not even sit on the sidelines of a mess like this. https://www.theglobeandmail.com/arts/judge-rules-against-key-porter-over-artists-work/ar
  2. A trust has been broken. "Will you agree to my contract?" said a spider to a fly; " 'Tis the prettiest little contract that ever you did spy. The way into my contract is up a winding stair, And I have many pretty things to shew when you are there." "Oh no, no!" said the little fly, "to ask me is in vain, For who goes up your winding stair can ne'er come down again."
  3. Also forgot high $$$$ and high $$$$$. I have not seen one of those for months.
  4. Wife/lover/partner and I received our second Covid injection today. It means we will both be 96% protected in about 2 weeks, once the vaccine completely kicks in,.
  5. One size does not fit all, so decide your individual future based on your specific needs. Many of you will have a strategy like Doc. Some of you will not make a decision, do nothing about the change, and allow yourself to be swept along. There is a difference between making a decision to do nothing about the change, or not making any decision because you are only allowing yourself to be swept along. If you make that decision, to do nothing about the change after examining your needs, you are not being swept along. You own the decision. It is your decision, n
  6. Here is the way I see it. The new contract is written to deal with 2 major Alamy problems. Alamy commission structure and prices are way out of line with the industry average. Industry average being around 20% for the photographer and about $5 per RF sale, with no RM at all. The industry average cannot be ignored. Average Alamy sale price, and the photographers commission, have to be brought into line. This contract is not about a money grab, but about the long term survival of the fittest archive. The second problem is that the collection is unedited. Prese
  7. I have already served notice. I received an almost identical message. I expect Alamy to live up to its email commitment of closing my account June 30. For further clarity, I wish and expect my account to be closed June 30, even if the June 30 contract is withdrawn or amended. If the June 30 contract is amended to your satisfaction, there is no need to celebrate. I think you will have only won a skirmish and not the war. Remember the 40% skirmish with the previous owners, when they were preparing the company for sale. The June 30 contract is what the new buyers wanted, a
  8. I believe Alamy are only going to rewrite some clauses so they will be clearer to photographers. I do not see where they are going to change the intent of the contract at all. How many photographers have been sued? Probably very few, as that is not how it works. Parties in the chain receive threats from the plaintive's lawyer. For reasonable smaller claims, a confidential financial resolution is reached between all parties. It never gets to court. It is not public. No one has been sued. However legal costs and settlement costs have been incurred. For large c
  9. Public attitudes are changing more in line with the Quebec judgment where a street photographer was sued by his human subject for publishing her image in a gallery exhibition of his work. The street photographer lost the case up to the supreme court, even though the photograph was taken in a public place. "Le droit à l’image In a landmark 1996 decision Éditions vice-versa inc. c. Aubry, the Quebec Court of Appeal concluded that the very act of publishing a picture of someone without their consent could justify compensation – even if there was nothing inherently wrong or intima
  10. I also had the car serviced this morning. The car had an unexpected recall, so not to waste 3 hours waiting, I went for a long walk. I became a flâneur. Clean sharp light from a bright sun in a completely blue sky. Perfect walking temperature of 16 degrees celsius. Wandered aimless outside, among big box chain stores. Stores with their new perfectively sunlit, spanking new, signs and logos. Stopped and watched some interesting construction on the new Light Rail Transit line. Even saw a new demo railcar for the line. It was a real stock photo, get my numbers up day. My S
  11. Some wishful thinking around responsibility in this thread. In the end you may not be responsible, but any fool can sue. I think this contract says if a lawsuite happens for any reason, the photographer has to bear the legal burden. I know of a wrong caption, many years ago before Alamy was even conceived, that caused an $80,000 shredding and reprint job. Sensitive use. A nice family portrait used to illustrate an article on incest. A photograph of a group of college students in front of an identifiable college building for a story on professors demanding sex for grades
  12. Right you are Robert, and in my opinion their fingerprints are all over this contract.
  13. This really sums it up. Everyone should read it. I wish I had the same depth polish and breadth as this poster. I would keyword it as enlightened, informed, aware, educated, knowledgeable, learned, wise, literate, intellectual, tutored, illuminated, apprised; civilized, refined, cultured, cultivated, sophisticated, advanced, developed, liberal, open-minded, broad-minded. Thanks Nodvandigtid
  14. Here are some ideas to ponder Cost of a Toronto media lawyer (not a family lawyer) with extensive knowledge of the Media business, and international legal contacts. $750 per hour. Cost of rendering a written opinion with strategy, $10,000. Cost of multiple meeting with all parties, $30,000 plus expenses, AND UP. One of my child models, who still refers to me as Uncle, is now a media lawyer in mid career. It is not worth bothering him with this contract for a pro bono hour, as I already know the answer. Everyone is referring to this contract offer as applying
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