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Richard Tadman

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About Richard Tadman

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  • Joined Alamy
    22 Sep 2009

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  1. To me this is very simple. An "exclusive" image is by legal definition an image that is inherently unique. The subject matter is irrelevant. It is no more complex than that. If I take photo of Blackpool Tower and it differs in any way, however slight from any other picture of Blackpool Tower - then it is unique. Following on from that, provided I only make this "unique" image available to Alamy (with the permissible personal sale exclusions) then that satisfies the requirement of being "exclusive to Alamy" If anyone interprets that differently - speak to my legal team.
  2. I always understood that the issue of exclusivity related to a specific image that was only available on Alamy [personal sales excepted] and not offered for sale via any other outlet. How can any photographer ensure that a very similar image isn't available through another source?
  3. Is it me? - or has this thread completely lost it's way - and the contributors drifted off into flights of fantasy??
  4. Yes - that is normally the case with a going concern. My point was that it would be simpler for all parties concerned to accept or reject the new circumstances by their ongoing behaviour than for PA Media, Alamy and each contributor to separately have to renegotiate every individual contract. The unanswered question (without having trawled through the Alamy agreement) is how soon could P A Media amend the agreements by giving us notice, if they wished to?
  5. Typically this would be handled by a novation of existing contracts from Alamy to PA Media group. The simplest way for this to occur would be for PA to write to existing contributors and tell them that they are taking over Alamy's contracts. That would then enable contributors to accept, again in its simplest form just by continuing to participate as before or alternatively not consenting in which case PA Media would presumably cancel all affected contracts. Common sense suggests that they are unlikely to buy a business and simultaneously, in the short term alienate all the contributors, so my presumption would be that in its simplest form PA would write to us and confirm that they are willing to take over the existing contracts as they currently stand. Time of course will tell.
  6. I entirely agree with you. My point was that random speculation can be very destructive and the world & Alamy will move ahead irrespective of whether we like it or not. My plea was simply not to 'waste a good worry'!
  7. May I respectfully suggest that this torrent of speculation and second-guessing about the sale of Alamy's business , although entirely understandable is in no way productive. Businesses grow, decline and merge and will continue to do so. We may all speculate about what it means for us as contributors in the future, but speculation is all it will be. It is human nature to vent and be pessimistic but it is also true that none of us (outside the inner conclave) know with any certainty what the future will bring. Economics tell us that the market cannot be wrong and equally despite our anguish PA Media as new owners of the business are entitled to do whatever they now wish . A great number of us have invested enormous time, effort and enthusiasm in submitting our work in the hope that both we and hitherto Alamy, will reap the rewards. Equally the majority of contributors to the forum have recently been very critical of the rewards (or lack of) to the photographers who have arguably been the mainstay of the stock image business. In months to come our worst fears may be realised but equally we may look back on the acquisition as a positive step that is beneficial to us all - Who Knows? Business is business and is by nature volatile. If the future is less rosy than previously - hard to imagine based on the plethora of complaints littering the forum, then so be it. The hallmark of professionals is that they change and adjust their personal business models to serve the existing market demands. Possibly the most worrying aspect of the future is that the 'Alamy family' that has developed on the forum/s will cease to be. To that extent I share your anxiety. As a regular reader but only part-time contributor I would very much miss the camaraderie and wisdom of those who regularly contribute and engage in meaningful and valuable dialogue. To me that is the most worrying prospect for the future.
  8. Surely the Alamy staff will be protected under the TUPE regulations? This is specifically designed to protect staff transferring from one company to another and securing their rights and maintaining their contact terms. https://www.tssa.org.uk/en/Your-union/your-workplace/employment-rights/tupe--a-guide-to-the-regulations.cfm
  9. I take your point. It must be great to have a business model where we all do the leg work at no cost to Alamy or whoever and other than storage and hosting fees they incur no cost until they sell an image and then they pretty much clear 50% on the sale. Not only that but we have to bear the 90 days or more credit extended to these customers. The more I think about this the more inequitable it all appears. Mugs or what ?
  10. You have a point although if the user wants a picture of Blackpool Tower for example, there are such a huge array that arguable any of several hundred might fit the bill and it's back to supply and demand, bearing in mind that if Alamy can't fit the bill, plenty of other agencies can and the devil takes the hindmost. For those who have unique & specific images the rules are somewhat different, but I hazard a guess that they are few and far between in the overall scheme of things. Not only that but Alamy publishing list prices would seem to preclude them from charging a premium for even Elvis Presley with Lord Lucan!
  11. Just to add a note of commercial realism to this debate:- Business of whatever kind requires a willing seller & a willing buyer who agree to trade at a mutually acceptable price. Alamy (now PA Media) owes me no favours and likewise I am in no way beholden to them. It's the law of supply and demand. Excess supply = lower prices. Shortage of supply = higher prices. It's not rocket science. If as we all seem to accept, the market in which we operate is saturated with huge quantities of similar images it is inevitable that market prices fall. The answer is to bale out or to submit only niche images or to ply our trade elsewhere, or arguably a combination of all of these. It is an immutable fact that the market cannot be wrong and however wonderful. time consuming and unique we believe our images are - the market will ultimately determine this. I love taking photographs and will probably continue to submit images for the time being to Alamy /P A Media. However, if there comes a point where the cost to me of capturing, processing them and attempting to sell them proves uneconomic, I am happy to accept this (albeit with heavy heart) and move on. However much we rant & rave - we are in the same boat as coal miners, milkmen, shoe repairers etc. Times move on and we have to adapt or accept that our trade is no nothing more tha n a hobby, unless we can differentiate ourselves from the rank and file. Sad indeed - but true.
  12. To me the concept of critical mass in a business sense is the size that a business needs to reach in order to efficiently and competitively compete in their chosen market. Also the size (mass) a company must sustain to maintain growth and efficiency and sustain sufficient working capital. I'm not sure how this relates to Alamy. It's a measure of the minimum amount needed to sustain a business or venture. I'm not familiar with a critical mass in excess of that, unless of course we are talking nuclear issues?
  13. If I was PA, I would consider this a valuable source of intelligence regarding contributors - at least short-term
  14. I'm sure you are right but there is always a danger to attribute the worst of motives if you are the target company. I'm neither optimistic nor pessimistic but ultimately the market will decide and that is seriously over-subscribed and rationalising the providers (including we contributors) cannot be discounted.
  15. I think if I was PA Media and has just acquired a new business, I wouldn't be in any great rush to upset the contributors, so I wouldn't expect any early changes while they delve into understanding what they have acquired. Assuming they have bought it to generate an income stream (as opposed to removing a competitor -which would be a somewhat costly option ) I'd expect a period of grace before they make any rash decisions. There again, I know as much as anyone else - major players apart.
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