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Cryptoprocta

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Everything posted by Cryptoprocta

  1. I doubt you could argue 'surely' in a court of law. The new contract clause expressly says: "You will ensure that all Metadata including, without limitation, any and all other information pertaining to the Content: (i) is *and will remain* accurate and factually correct; ", which implies that you need to keep going back to places to make sure your metadata is up to date. And in fact 'all other information' - does that imply that you shouldn't have something which doesn't look like it is nowadays? Can we get over that by putting expressly in our caption that it's as it was on X date? (not
  2. How desperate is this, and how indicative of how they see us as cash cows: "22.2; By opting in to marketing and/or 3rd party emails during Registration you agree that we can send you marketing and/or 3rd party emails. These emails are promotional in nature and will include, but are not limited to, photography related offers, competitions, industry information and affiliate programs. You can unsubscribe from marketing and/or 3rd party emails at any time by clicking the unsubscribe link within these emails or by changing your email preferences in your account settings."
  3. Not necessarily. It could have been chosen knowing that only a tiny handful of contributors reach that, yet they can still advertise that contributers can "earn up to 50%". It's that balance of malice and incomptence again.
  4. What if an end user takes one of your editorial images and photoshops a person into an offensive situation, puts a head on a body, goodness knows what we can't even imagine, but someone else can. The contract claims that the end user is not liable. Who is the person going to come after? Do you really have the time, money and emotional resources to waste on fighting, when Alamy's contract is weighted against you? In these cases, 'thinking' that a clause means what you hope it means is like crossing your fingers.
  5. Plus, it might not even be in your own country, and international lawyers are even more expensive, and you may not be able to claim back your expenses, depending on the legislation.
  6. Which obviously conflicts with the new contract: "4.1.7. where you have indicated that a Model Release is available: (i) the Release is legally binding; (ii) your representation that a Release is available is true and accurate; (iii) (except as otherwise notified to Alamy via the System) the Release allows the Content to be used for all uses anywhere in the world without restriction including without limitation uses in relation to sensitive issues; (iv) you hold all permissions needed for the exploitation by third parties of the Content, including, without limitation, from subjects, depic
  7. So, they apparently penalised all exclusives because of the alleged misdemeanors of some. (I don't doubt it happened. I've seen the same photo being separately offered both RM and RF on Alamy). What will they do about people who don't adhere to this clause? "4.4. You will ensure that all Metadata including, without limitation, any and all other information pertaining to the Content: (i) is and will remain accurate and factually correct; (ii) does not infringe the copyright or any other third party right; and (iii) is not indecent, obscene, pornographic defamatory or otherwise unlawfu
  8. Sounds great. Even $25 could be worth it if it turns out I'm leaving (depending on Alamy's responses to our questions): maybe as much as half of my port wasn't keyworded before upload.
  9. I won't accept any 'word' from Alamy about what they intend or don't intend. I'll only accept clear, unambiguous wording in the contract. Alamy have already shown us that we have to suspect what they say. 11th Feb FAQs: Q. Alamy prides itself on offering a better commission rate than most other agencies. Will PA Media Group continue to offer the same commission rates to Alamy’s existing contributors? A. There are no plans to change that. See, that's ambiguous. They didn't actually say they wouldn't change commission within six months. I want it clearly
  10. Thanks, I've been copying and pasting, but it's taking me ages. I have NO idea why I didn't put the metadata into my files until a couple of years ago.
  11. On the Image Manager page, at the bottom of the right hand column, Download Your Data, Now, if anyone could tell me an easy way of getting the data from the Excel file into my files, I'd be really grateful!
  12. I got mine yesterday and everything seemed to be OK Sorry, didn't read Martin's post.
  13. I wouldn't base my next move only an anger and disappointment either. I've experienced both on my 'other place', from where I still earn considerably more than I do here, with 10% fewer files there. However, unless the clauses I have already called out - in particular: "4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;" and "4.1.6. any use or exploitation of the Content by Alamy, a Cus
  14. Wildly speculating, it could even be that they always fully intended to backtrack on the commission cut, whereupon we'd be so relieved, they could sneak in their new 'massive wiggle room for them/slip knotted nooses for us' clauses on the fly.
  15. They are NOT the same people. ~the 'same people' sold us out. https://www.pressgazette.co.uk/pa-group-acquires-stock-images-firm-alamy
  16. While what you say is correct, Alamy/PA doesn't care. They know from the experience of other agencies who have trodden this well-worn path already, what will happen. 1. This thread will carry on for a couple of days. 2. Then it will run out of steam. 3. Some people will leave Alamy altogether. 4. Some people will stay, but not upload any more. 5. Some people will stay, but put restrictions on their sales. 6. 4 & 5 ^^^ are not mutully exclusive. 7. Some people will give up exclusivity and cast their images to the winds. 8. Some people will keep g
  17. This has been hinted at several times in the thread, but apolgies if I've missed it being spelled out. Alamy has set three pricing targets. It isn't even clear whether these targets are gross or net, and it's never safe to 'assume' or 'guess' when agencies go bad. But whichever, they set the prices, and apparently retain the right to give away our images. "there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content" (BAD GRAMMAR - just sayin') Thereby they are in full control of what we earn.
  18. They've got that covered: "there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content"
  19. Why did this Bonnie Tyler song come into my head? "It's a heartache Nothing but a heartache Hits you when it's too late Hits you when you're down It's a fool's game Nothing but a fool's game Standing in the cold rain Feeling like a clown"
  20. See what I wrote above. When the first person said it was possible I did it. Just proves you can't believe what Alamy tells you. Why would I try to do it when they told me I couldn't?
  21. As said above, but the distrubution page still says "You can add territories at any time, but you can only deselect territories in April." Memo to self: don't always believe what you read.
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