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Everything posted by radharcimages

  1. Utter rubbish James. Nothing at all to do with contributors net royalties. Coincidently (dont believe in coincidence) my net royalties have only this month or so recovered to the level before the last cut. Thats with pretty much doubling the number of images and reworking thousands upon thousands of existing images. Im never going to see a return on that with this cut. A 20% cut brings me back to 2008 levels. Let me repeat that a 20% cut brings me back 11 years and 40,000 images ago. Think about that James, it means the last 11 years work have been for nothing, zero growth,
  2. Rumour I heard was that someone told the monkey that professional photographers earn peanuts so he wanted some of that!
  3. 'I also see some institutionalized incompetance being applied on Alamy's part as far as tracking downloads and following up on customer usage.' 4 years ago to this very week members of EPUK complained to Alamy about this and to be fair to Alamy they did instigate an investigation and did recover some money, the problem is that the old once bitten thing and a lot of us still see a lot of unreported uses. To not do anything about this 4 years after the initial investigation, complaint and alamys action is just scandalous. Failure of duty of care to exercise the contract so just change the c
  4. Linda, YOU NEED to register all your images with the US office to prove copyright because you are a US photographer operating from the US. There is no other way for a US photographer operating in the US to prove they own copyright. You are correct for YOUR circumstances. (sorry about the bold bit but I am trying to emphasise the point). For the rest of us all we need to do is show we own the original file and the process is exactly the same. Ive sued in the US where they have asked is it registered and Ive said no because it doesnt need to be as Im not a US photographer and Ive won thousan
  5. I know a team working to reverse engineer alamyrank from a photographers perspective. Like any software algorithm its a series of inputs and outputs, draw enough data from inputs across enough time and you can reasonably predict results. They are pretty much there and the results are impressive. Not cheap obviously but when you see the results in black and white its hard to ignore the fact that you are better spending time on their algorithms than producing new output, particularly with the rapid drop off in fees.
  6. The simple answer is no Michael, too many variables. For example my average sale price per image is now 1/7 of what it was back in 2007. Percentage has dropped from 65% to 50%. Alamy is also increasing its cut from the dollar percentage by 25%. On the other hand, currency fluctuations have taken place. So if I made 100 sales back in 2007 I would need to make approximately 900 sales this year to be at the same point. If the 1 in 100 average was applied (as quoted elsewhere), that would mean having 90,000 images at the start of the year to produce those 900 sales. To put it in perspective, t
  7. that 1 could be 'perpetual'. An image licensed 5 years ago will have had an end date, current licensing sometimes has 'in perpetuity' on it (check your images sold summary). So in theory yes A means 1 but it could also mean 1 in perpetuity or one including distribution rights or 1 including x, y, or z prevalent at the time, not necessarily a re-use of the existing licence terms. The legality of these terms need to be hammered out. For example in the Getty terms sales there are images sold 'for the lifetime of the contract', which contract? Between Getty and the supplier, Getty and the photogr
  8. Its not the release that matters per se, the wording can influence of course but how the 'contract' is actioned. Thats where you need to have a chat with a solicitor to see how it affects what you are doing. No point me giving advice or opinion as IANAL and saying 'Joe Fox' told me so wont stand up in court. Of course saying you were following advice from Rumpole and sons solicitors might have a slightly different bearing on things. To be pedantic for a minute, it doesnt really matter if you dont think its anything to do with EU law. You not thinking it is will not influence whether it does o
  9. Mark, I suggest you do take advice on the matter. Most commercial solicitors will give you advice on contract law (your local small business agency should have local contacts). If you are in the FSB or a trade union or even your commercial insurers might have a fixed rate legal helpline to call for advice. Above all else it is up to you to ensure what you are doing covers you and your business and you have the personal contact to back that up. The advice really isnt that expensive in the scheme of things and with changes in EU law happening periodically, its something that its worthwhile
  10. Is this your opinion or have you taken advice on this? My opinion would be worth the paper its written on (including the post above). I do this for a living and as such need to be sure that everything I do is legal (my insurance will insist on it in the event of any comeback). I dont fault the agencies here either, they do enough to cover themselves. Ive had discussions with agency legal departments before and they werent interested in anything other than covering themselves (I can see their point). If they have a signed bit of paper then they are covered and under the contract it is t
  11. Just a word of warning about any releases signed in the street... ..a model release is a legal agreement and to be fully legitimate has to be exercised as such. The terms have to be fully explained and depending on the circumstances, cool off periods may apply. I personally would never rely on a release signed in the street, for me its just about as worthless as anyone elses random autograph.* There is also the issue about ICO registration and passing on personal details to a 3rd party, if thats not done correctly, that too could make the release invalid (in the eyes of a court at least as
  12. Not quite. Publication is different from copyright. The copyright laws that apply are the ones from your home country, i.e. where you do business. I did, a couple of posts ago.
  13. Not quite. Publication is different from copyright. The copyright laws that apply are the ones from your home country, i.e. where you do business I answered the question Marvin asked. If he took his UK images home and published them in the US, US law would apply. If my UK images were registered in the US, I could pursue statutory damages against a US infringer. (4) The country of origin shall be considered to be: (a) in the case of works first published in a country of the Union, that country; Nope you didnt. Copyright for photography is for unpublished works. Copyright
  14. Not quite. Publication is different from copyright. The copyright laws that apply are the ones from your home country, i.e. where you do business.
  15. You could still need indemnity insurance for ommissions, errors and losses as a result of licensing images, even if its only through an agent. Check your contracts specifically the clauses about indemnifying the agency for any mistakes, errors or losses.
  16. Now do you understand my point about people with day jobs? Being told what to do and how to behave is part of some employment culture. Sitting around waiting to be told is even worse. Going out and finding out about it first before doing it is standard for any small business startup (again go back to my comments and others above about not treating it as any other business). Try telling the taxman that nobody told you you had to be registered as self employed before you even started lodging images with agencies and see what their response is. Other people have mentioned the self progression,
  17. and it always amazes me that people supplying agencies with images dont have basic indemnity insurance as well as 3rd party. Madness.
  18. Sorry Paul, Im not sure if these are rhetorical or not but I'll answer them anyway. Regular, yes but depends on what you mean regular, a couple of times a month? Yes. Depending on time. I travel a lot, usually up to 3 months a year so do need someone to cover my regular clients during this time or there are times clients want two jobs done in different places at the same time so need someone to work with me. The call on anyone at a moments notice isnt quite the way I work. I may call on anyone but I expect and answer there and then, so yes or no if they can fill in, not yes if I can get t
  19. Sorry Paul, you wont. I do hear what you are saying but you are missing my point, this is a business and if I want business continuity or someone I can trust to deliver then I will call on someone who already does it for a living not someone who doesnt need the income/reputation to survive. Underlying everything you say thats the basic facts of the matter. Its not anything against you and shouldnt be taken that way. If you re-read your comments, admirable though they are, I cant afford to hire someone who does work in their lunch break or on weekends. If I need someone to cover a photoshoot
  20. The old Belfast photographer maxim, if you arent being threatened, you arent doing your job properly. Been threatened a lot, had to check under my car for a long period of time. Never been asked for my qualifications, even my first photography job they wanted to see my book and that was it. When hiring photographers I dont ask for their qualifications, I want to see their work. Recent work and lots of it. I dont hire people with day jobs though, they arent hungry enough and generally dont understand the difference between a day job and what I am looking for. Besides which I always ask t
  21. Sean, You may not have permission to file the images with an agency if someone else secured you the accreditation. For example, I had to sit out The Killers at a festival whilst the local newspapers shot them. They had a strict no agency rule (I was shooting for Getty). Other groups have similar rules and often accreditation is based on a particular publication. You would need to check the wording of your previous accreditation. Joe
  22. Paul, look up the 10,000 hour rule. Its an idea but its not far off the mark. As for training, books etc. Look at how you progressed in your day job, mentoring, evaluation, feedback, measures, results, training, books. See how much of that is actually training (courses) and books. Very little. Nothing prepares you for your first peer review. I remember my first code review when I was first out of university, I had a degree and was completely shattered by it. Wind forward 10 years and sitting in the editors office when I got my first months review there. I learned more in both those hours tha
  23. I totally understand doing things clean and businesslike, but I am confused by the first part of this statement. I don't understand how "you need to pay" for a release to be valid. A release is a release, isn't it, whether money has been exchanged or not? Again, not disputing whether one should pay or not, just trying to understand how pay is tied to valid releases. A release is a legal contract. Depending on your jurisdiction there are laws about what constitutes a valid legal contract. This might be a stipulation for payment, you need to research this yourself for your own circumstan
  24. for the release to be valid, you need to pay. pay outright and that's clean and businesslike. make sure they know all the implications and legalities of usage. one model I know had a nasty shock when he got an illegal use demand letter from Getty. he saw his image published and thought it OK to take it and use on a friends site. not strictly your problem but the photographer didn't explain it to him properly. which of course could be a case for nullifying the model release and a lot of hassle. if you are paying for models nit thrtough an agency and claiming it make sure you get their ni num
  25. It's not likely to be economical but the days when a mobile phone was just for making phone calls are long gone and it was the iPhone that heralded the new age. A smart phone is basically a tiny mobile computer which can be used for all sorts of very useful things e.g. email, web, maps, travel documents, calendars, reminders, contacts, dictionaries and various other things that a laptop computer can do - but the phone is a lot easier to carry. There are apps for almost anything you can think of and many of them are very useful. Not to mention music - the iPhone is a very high quality MP3
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