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Everything posted by Cryptoprocta

  1. I've mentioned the ones I've noticed already: 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 Inter alia, this gives them the right to license images I designated RM as RF, which would break my contract with my other place (where I earn much more) It gives them the right to sell editorial files for commerical uses, and not to charge any money for licences. 4.1.6. any use or exploitati
  2. I've been listing the clauses which cause me concern throughout this thread. One is a deal breaker for me and several others; others are of serious concern to me. None of them may be of concern to you. That's our respective prerogatives. It's everyone's individual responsibility to check the new contract terms and decide if they are willing to continue under these terms - or at least to wait to see if there is a rewriting of the clauses to be clearer and less equivocal/obfuscatory. As you've been aroud the block for a while, like me, you must have seen many times people asking q
  3. Also here is a first read on Illegal Contracts: https://hallellis.co.uk/illegal-contracts-agreements
  4. It's easy enough to read here: https://www.alamy.com/terms/contributor-contract-changes.aspx
  5. Has anyone commented on: New Clause "4.1.11. the author of the Content has waived all moral rights in respect of the Content" According to Wikipedia: "Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mu
  6. Me: (frantically calculating the distance between here and Liverpool)
  7. 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
  8. 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."
  9. 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.
  10. 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.
  11. 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.
  12. 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
  13. 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
  14. 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.
  15. 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
  16. 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.
  17. 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!
  18. I got mine yesterday and everything seemed to be OK Sorry, didn't read Martin's post.
  19. 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
  20. 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.
  21. They are NOT the same people. ~the 'same people' sold us out. https://www.pressgazette.co.uk/pa-group-acquires-stock-images-firm-alamy
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