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Everything posted by Cryptoprocta

  1. Wow, 'always' is a very long time. So I can rest safe in the knowledge that you will always respect that I have restricted my images to RM? (Does an anonymous post in a forum mean anything in Law [meaning a Court of Law, not the village I grew up in, for clarity]?)
  2. Yes, I've been thinking that all along. A big agency seemed to have that as a strategy for a while, but it backfired on them to such an extent that they've scaled it down a lot.
  3. Vulgar's first meaning in several dictionaries is along the lines of "lacking sophistication or good taste." Who is going to be the arbiter? You need to amend this clause, and indeed the whole contract, to make your intentions crystal clear, so that you don't have to say 'this is what that clause means' or 'this is intended ...'. We're not mind readers.
  4. Clause 4.1.9 " there are not and will not be any claims by any other party in connection with the use, reproduction or exploitation of the Content;" (slight amendment of previous clause 4.9) How can I guarantee that? If someone who happens to be in one of my editorial-only pics finds their image used in an inappropriate way, they have every right to sue the end user. In previous Live News submissions, the people are the main subject of the photo, so would be easily used and recogniseable. Despite being in the old contract, that's another unreasonable clause.
  5. But that's what we've been doing with all of these clauses. We want Alamy to make their contract crystal clear, and not to try to abnegate all responsibility and push it onto us. It doesn't matter if the badly written clauses were old or new. And note that Alamy themselves highlighted these clauses as being new. If they were not new, why have they specifically highlighted them? The cynical might say it was specifically so that they can say, "We warned you!" Can you think of a reason why they'd indicate that some clauses are new, drawing our attention to them, when they are not n
  6. Grief, I'm shocked all round. That is the trouble, we're totally at the mercy of algorithms. Although so far I'm still doing much better at my 'other place' than here, I have seen files which sold there almost every day, sometimes more than once, disappear way down below the top ten search pages in search overnight, never to recover. Which gives the lie to the oft-quoted adage 'cream rises to the top'. Note also that it would theoretically be within the power of agencies with a tiered payment system to game the system to make sure no-one, or hardly anyone, got enough sale
  7. I'm pretty shocked about that, Allan. I can say with great confidence that with your portfolio you'd have made many times more than that on micro/s over these years (things going downhill there too now) but you have every right to your choices. I also am super concerned about the terms, and am too risk averse to continue here unless these are changed.
  8. Allan, I hope you're not saying you earn less than $250 gross - or even net - annually from Alamy? If so, you have been missing out on a LOT of income over the years.
  9. And yet: "Why did Alamy choose to sell to the PA Media Group? It was important to Alamy to choose a business that shared its ethos of integrity and quality, but also shared its vision for continuing to connect a community of content creators and content users." https://pamediagroup.com/faqs-pa-media-group-acquires-alamy
  10. There are a few areas where one part of the contract seems to conflict with, or even contradict another. It's just not good enough. Must. Try. Harder.
  11. This is the whole problem. We shouldn't have a contract in which we are each interpreting the clauses in our own interests. There really shouldn't be any room for one person saying, "It surely means this ..." and someone else saying, "But it could also mean that ..." - and maybe we have all missed what they really meant, or what their intentions really are. All ambiguity does is sow mistrust and keep lawyers in clover. If they mean something, make it clear in the contract, even if it means going back to basics and rewriting the whole thing. Then things would only appear in
  12. They have it in the contract that they can do so, even if they were to claim they have 'no plans' for doing it. "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"
  13. Quite probably. I'd be Gold and I don't imagine they care for one moment if I stay or go either.
  14. I've always erred very much on the cautious side with indicating files which have no releases, even when there is no need for them, and even though if you don't say you have releases, the selling page says that there are none, even if they don't need any. I do note that they have reserved the right to sell images any way they want, which potentially would include selling editorials as commercial, while trying to hold themselves not to have liability. Anyway, I'll see what they have to say when they get back to us, and meanwhile make sure my ducks are in a row for if I have to jump sh
  15. By their response to our concerns, we'll find out if they want contributors to stay.
  16. There is so much more I could have written in my email to Ms Shelley, but hope that the rest of you have covered them in your emails. Dear Ms Shelley, As an Alamy contributor of fourteen years standing, I’m obviously concerned about my 20% commission drop. Although I can believe that people are cheating, punishing everyone for the wrongdoings of the minority, is unconscionable, and has seriously undermined my confidence in Alamy as a fair agency. In my previous life I was a teacher. Punishing the whole class, even for the misdemeanours of the majority, common in my childhood, was
  17. <Writes> We have no plans to change commission rates to achieve it <Hits> Send <Says> Now let's start planning ...
  18. I wish they had proof-read their contract better, to not label things as new which aren't. But again, an unreasonable clause, so why is it there? They need to remove 'will remain'.
  19. Is this also an oversight? " 9.1 In addition to the promotion rights set out in 8.3 above you grant Alamy permission to sell your Images at any price and by any method we feel appropriate and to supply Images to third parties without Alamy having to consult you, including but not limited to trials with new Customers, prototypes/proof of concept and high volume low unit price licences. Where Alamy does not make a charge to these third parties, you will not receive payment.
  20. Have I missed something? In the old commission table, it clearly says: "Alamy Distribution Commission For sales through our Distributors 70% (30% to Alamy, 40% to the Distributor)" I the new commission table, it says: "For Content sales via our Distributors after deduction of Distributor fee or commission 60% 40% 60% 40% 80% 20%" But there is no indication of what the Distributor fee will be. We can't just assume it will remain as 40%. Where's the transparency?
  21. So again, is it malice or incompetence which made them do it like this? (hypothetical). It doesn't engender much trust that they know what they're doing. They seem to have a rather cavalier and slipshod attitude to crafting something as important as a contributor contract. There is a real and present danger that they may be equally slipshod in any buyer contract they may produce. Or in any future dealings with contributors, who clearly are just a fly in their ointment.
  22. Ah, OK, sorry, I missed that because as well as that, they for some reason also put it as a new clause in 4.1.11 - more incompetence.
  23. So again, you have to wonder about the competence of the company which drew up the new contract. Should they be relying on crowdsourcing from the forum to point out the issues?
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