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Everything posted by Cryptoprocta

  1. This. I've been speculating to myself whether we can cover ourselves for inadvertantly breaching the bit I'm highlighting in clause 4.10: "You will ensure that all Metadata including without limitation captions, keywording, descriptions and Pseudonyms, rights management or other information pertaining to the Images is and will remain accurate and factually correct and does not infringe the copyright or other rights of any third party, and are not defamatory or pornographic." by putting a statement such as "Information correct at the time of shooting" into the description box, th
  2. Just for clarity, there isn't really a British system. Scotland has its own legal system going back centuries. Northern Ireland has its own system going back to 1921. Wales shares most laws with England, but has some national laws also. Of course, many laws are in common, but it can be quite surprising how different Scots Law can be. Though possibly not with regard to the Alamy contract, but IANAL. Yes, I think it's possible that far fewer frivolous cases are brought here. Though one time I was driving along an A road and a bloke came out of a side street and hit me. That being
  3. That is precisely NOT what the worry is about. The worry is about what we can't control as set out in many previous posts. I'm not getting into this any further until we see what Alamy's redraft says.
  4. I got a reply to the letter I sent to Emily Shelley (https://discussion.alamy.com/topic/14386-contract-change-2021-official-thread/?do=findComment&comment=287305 Sadly, I hadn't noticed Clause 5.1 when I wrote, but let's hope it will be redrafted for clarity. A lot of what she says has been said already by Alamy, but I've highlighted what she said about Exclusive content, as that is new: " Dear Liz Thank you for your email and I'm sorry it has taken me a while to get back to you. This is not about punishing people, but a business decision based on the valu
  5. https://discussion.alamy.com/topic/14386-contract-change-2021-official-thread/?do=findComment&comment=288399
  6. Maybe we should have a rest to gather our strength until we see if they're able to write an acceptable new contract. (not holding my breath - it's worrying that they don't put enough effort into the first draft to have it be legal and unambiguous - they couldn't even get one out of two. :-() We'll likely need all our energy to mull over the new clauses when they come.
  7. Or just take it out of their 20%/60% clawback. If we were to individually 'share', what would stop them making that another cash cow, which they could keep milking for more each year? Them doing it would make it more likely they'd hold the other parties responsible for their actions, not harmless, to prevent their premiums going up too steeply.
  8. Remember, you need to give us 45 days notice after you change the wording, as that will be a new contract.
  9. Could be, but I thought at the beginning that it was an unreasonable contract. I just didn't want to be the one testing it in a foreign legislature. English Law: https://www.wrighthassall.co.uk/knowledge-base/the-perils-of-unreasonable-contract-terms
  10. I just hopped onto Simply Business and their Professional Indemnity Insurance is specifically "For if you make mistakes that cost a client money." That's possible I guess if we mis-label an image, but it's not most of what the worry Alamy is currently causing us is about. It's mostly not about us making mistakes, it's about "Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns" doing something wrong. That wouldn't even cover us for the well-rehearsed blip in Alamy search which can link any word in the caption or caption with any other word to make an irrelevant phrase.
  11. Wouldn't you think Alamy should take out relevant insurance out of their 20% clawback? That would be much more sensible and a bit more fair. And not hold customers harmless of misusing files.
  12. Is that an expense for tax purposes, do you know? I'd ask my accountant, but she's part-year and won't be working till late September.
  13. Think of two £40 sales instead of two £50 sales as being proporitionately the same as one sale for £80 instead of £100. £80 is 80% of (or 20% less than) £100, and £40 is 80% of (or 20% less than) £50. Alternately, 10% of £100 is £10; 10% of £50 is £5, so 20% of £50 is £10. If all else fails, do what I do: https://www.percentage-calculator.uk/
  14. I've said it before, but I've just seen this. We really need Katie Porter:
  15. There's common sense, and there are 'unreasonable contracts'. But Alamy has spelled out "5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns (the “Indemnified Parties”) harmless against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal expenses) which any of the Indemnified Parties incur". I* think that's unreasonable, as we can't control what customers do, even if we have 'locked down' our images far more than legally necessary. James' answe
  16. I totally agree, but I don't have the time, money or emotional energy to be the test case.
  17. That would seem to be a good represenation of PA's view of the contributors. C'mon PA, get a better-written, better thought-out contract, in Plain English and unambiguous.
  18. PA won't see it that way. They bought a 'product' and now want to wring all they can from their investment, while minimising any risks or liabilities they might incur. It's "just business".
  19. I think there was an official Alamy forum before 2013, but not in this 'home', I think it was on the main Alamy server, then they were split, so that the forum is now separate from the main Alamy site. The old one may be gone completely (?)
  20. Good catch. New 5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns (the “Indemnified Parties”) harmless against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal expenses) which any of the Indemnified Parties incur arising from or in in relation to: ... ... ... (ii) any use, exploitation or distribution of the Content by the Indemnified Parties; James said above that the customers are told that they should not use files in certain ways; b
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