Changes to Alamy Contract

[isphoto]

on the notification today "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."

 

So if I read this right Alamy can now Give away my images "Where Alamy does not make a charge to these third parties, you will not receive payment." so if a publisher wants to trial Alamy, they can potentially get my images for free! If Alamy believe a new customer is worth subsidising then they should not be looking for contributors to fund their trials. So on this basis one contributor gets to fund a trial that they may never see a sale from, this is madness at it best.

 

Also we now have no control over restricting personal use sales, novel use or other newspaper type schemes.

 

Come on Alamy sales are up, margin is up, why the need for this?  This may well be a straw that breaks the camels back for some.

[Dave Richards]

Maybe read the previous version of the contract regarding no payment where a third party is not charged. Nothing new in that respect.

[isphoto]

This revised clause now gives freedom to put our images into any new "trial, sales offer etc etc" without the need to pay, there is a big difference in my eyes. A proof of concept may be a new way of selling content, do you want to be funding some new on-line businesses trial, I don't.

 

If contributors want to give away content, they only need to put it all over social media. A key issue here is that we now give Alamy the right to sell at any price and to allow others to potentially use commercially for no fee.

 

Alamy, it may help if you can give some scenarios of this "proof of concept" and other circumstances where images may not be charged for.

[Bill Kuta]

Yes, I'd like to hear more about this too.  How much has it been done, are there newer plans to do this on a bigger basis, will we at least be notified if one of our images is used in this way?

[Matt Ashmore]

I find this part interesting to...

 

“12.2. As soon as a licence is purchased by a Customer we will report to you online the relevant details of such licence. We may round fractions of a cent up or down at our discretion. Licence Fees charged to Customers in currencies other than US Dollars will be recorded on your statements in US Dollars. The exchange rate used will be reviewed and adjusted in line with exchange rate fluctuations.”

 

They seem to have removed the need for an invoice to be raised or for payment by credit card before reporting.... does this mean they will be reporting sales quicker?

[Allan Bell]

1 hour ago, isphoto said:

on the notification today "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."

 

This is not new it is just a rearrangement of the previous contract wording.

 

Allan

 

 

[isphoto]

So if its the same meaning, why change it?

[JEDphoto]

30 minutes ago, Matt Ashmore said:

I find this part interesting to...

 

“12.2. As soon as a licence is purchased by a Customer we will report to you online the relevant details of such licence. We may round fractions of a cent up or down at our discretion. Licence Fees charged to Customers in currencies other than US Dollars will be recorded on your statements in US Dollars. The exchange rate used will be reviewed and adjusted in line with exchange rate fluctuations.”

 

They seem to have removed the need for an invoice to be raised or for payment by credit card before reporting.... does this mean they will be reporting sales quicker?

 

The addition of the term "relevant details" gets my attention. The changes I skimmed over seemed to make what they can do with our images and their obligations to the contributor more vague and open to their interpretation.

[Matt Ashmore]

28 minutes ago, JeffGreenberg said:

What is EPUK response to new contract changes???

 

What is ‘EPUK’?

[spacecadet]

http://www.epuk.org/

[shearwater]

As JEDPhoto, I'm more worried about the only report of "relevant details" become something more abstract and less easy to undestand by us, than the possible "quicker report to us" meaning of that sentence. Which are those relevant details? Are they specified anywhere?

About isphoto claim about clause 9.1 of the new contract, I can only see a rearrange of the terms in clauses 9.1 and 9.2 of the old contract. That doesn't mean that the clause sounds awfully worrying to all our interests (Alamy included...). Market rules?

Regards

   

 

[spacecadet]

"Relevant details" presumably means what we already get.

[Travelshots]

Personally I would like to be able to opt out of any use of my images as a free promotion or anything that gives client my images for free. I have to make a living and just because other agencies are using this tactic to try and increase market share I do not agree with it. It is bad business. Experiment yes , layouts ,trials yes but published online or in print in any way without proper payment NO.

[ManWay]

Interesting when you consider the below and how Alamy have consistently taken away commission and rights from their contributors.

 

Promises, promises

 It’s worth taking a look back at the bright new photographer centred business that Alamy so proudly offered us at its launch. This is what they said:

• “We place our contributors at the centre of our service”
• “This is just the start of the new way forward for the creative mind.”
• “Only alamy.com will sell the images you supply us with.” 
• "On every sale alamy take 10% commission + about 3% credit card fee. YOU GET around 87% of the sale!!!! YES! 87% !!!"
• “It’s not like you are entering an arrangement that ties your images up for a lengthy amount of time.”
• “We have no interest in making changes to the contract to the detriment of photographers now or in the future.” 
• "How can we be assured that alamy.com will not increase the commission in their favor in the future? It would not be in alamy.com's interest to change terms to the detriment of our contributors, since our success depends on attracting large numbers of contributors.”

Every one of those promises has now been broken.

[ManWay]

9 minutes ago, ManWay said:

Interesting when you consider the below and how Alamy have consistently taken away commission and rights from their contributors.

 

Promises, promises

 It’s worth taking a look back at the bright new photographer centred business that Alamy so proudly offered us at its launch. This is what they said:

• “We place our contributors at the centre of our service”
• “This is just the start of the new way forward for the creative mind.”
• “Only alamy.com will sell the images you supply us with.” 
• "On every sale alamy take 10% commission + about 3% credit card fee. YOU GET around 87% of the sale!!!! YES! 87% !!!"
• “It’s not like you are entering an arrangement that ties your images up for a lengthy amount of time.”
• “We have no interest in making changes to the contract to the detriment of photographers now or in the future.” 
• "How can we be assured that alamy.com will not increase the commission in their favor in the future? It would not be in alamy.com's interest to change terms to the detriment of our contributors, since our success depends on attracting large numbers of contributors.”

Every one of those promises has now been broken.

The important points being:

• “We have no interest in making changes to the contract to the detriment of photographers now or in the future.” 
• "How can we be assured that alamy.com will not increase the commission in their favor in the future? It would not be in alamy.com's interest to change terms to the detriment of our contributors, since our success depends on attracting large numbers of contributors.”

Every one of those promises has now been broken.

 

[ManWay]

3 hours ago, isphoto said:

So if its the same meaning, why change it?

Interesting when you consider the below and how Alamy have consistently taken away commission and rights from their contributors.

 

Promises, promises

 It’s worth taking a look back at the bright new photographer centred business that Alamy so proudly offered us at its launch. This is what they said:

• “We place our contributors at the centre of our service”
• “This is just the start of the new way forward for the creative mind.”
• “Only alamy.com will sell the images you supply us with.” 
• "On every sale alamy take 10% commission + about 3% credit card fee. YOU GET around 87% of the sale!!!! YES! 87% !!!"
• “It’s not like you are entering an arrangement that ties your images up for a lengthy amount of time.”
• “We have no interest in making changes to the contract to the detriment of photographers now or in the future.” 
• "How can we be assured that alamy.com will not increase the commission in their favor in the future? It would not be in alamy.com's interest to change terms to the detriment of our contributors, since our success depends on attracting large numbers of contributors.”

Every one of those promises has now been broken.

[ManWay]

1 hour ago, Travelshots said:

Personally I would like to be able to opt out of any use of my images as a free promotion or anything that gives client my images for free. I have to make a living and just because other agencies are using this tactic to try and increase market share I do not agree with it. It is bad business. Experiment yes , layouts ,trials yes but published online or in print in any way without proper payment NO.

Interesting when you consider the below and how Alamy have consistently taken away commission and rights from their contributors.

 

Promises, promises

 It’s worth taking a look back at the bright new photographer centred business that Alamy so proudly offered us at its launch. This is what they said:

• “We place our contributors at the centre of our service”
• “This is just the start of the new way forward for the creative mind.”
• “Only alamy.com will sell the images you supply us with.” 
• "On every sale alamy take 10% commission + about 3% credit card fee. YOU GET around 87% of the sale!!!! YES! 87% !!!"
• “It’s not like you are entering an arrangement that ties your images up for a lengthy amount of time.”
• “We have no interest in making changes to the contract to the detriment of photographers now or in the future.” 
• "How can we be assured that alamy.com will not increase the commission in their favor in the future? It would not be in alamy.com's interest to change terms to the detriment of our contributors, since our success depends on attracting large numbers of contributors.”

Every one of those promises has now been broken.

[ManWay]

5 hours ago, isphoto said:

on the notification today "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."

 

So if I read this right Alamy can now Give away my images "Where Alamy does not make a charge to these third parties, you will not receive payment." so if a publisher wants to trial Alamy, they can potentially get my images for free! If Alamy believe a new customer is worth subsidising then they should not be looking for contributors to fund their trials. So on this basis one contributor gets to fund a trial that they may never see a sale from, this is madness at it best.

 

Also we now have no control over restricting personal use sales, novel use or other newspaper type schemes.

 

Come on Alamy sales are up, margin is up, why the need for this?  This may well be a straw that breaks the camels back for some.

Interesting when you consider the below and how Alamy have consistently taken away commission and rights from their contributors.

 

Promises, promises

 It’s worth taking a look back at the bright new photographer centred business that Alamy so proudly offered us at its launch. This is what they said:

• “We place our contributors at the centre of our service”
• “This is just the start of the new way forward for the creative mind.”
• “Only alamy.com will sell the images you supply us with.” 
• "On every sale alamy take 10% commission + about 3% credit card fee. YOU GET around 87% of the sale!!!! YES! 87% !!!"
• “It’s not like you are entering an arrangement that ties your images up for a lengthy amount of time.”
• “We have no interest in making changes to the contract to the detriment of photographers now or in the future.” 
• "How can we be assured that alamy.com will not increase the commission in their favor in the future? It would not be in alamy.com's interest to change terms to the detriment of our contributors, since our success depends on attracting large numbers of contributors.”

Every one of those promises has now been broken.

[ManWay]

3 hours ago, Matt Ashmore said:

 

What is ‘EPUK’?

Interesting when you consider the below and how Alamy have consistently taken away commission and rights from their contributors.

 

Promises, promises

 It’s worth taking a look back at the bright new photographer centred business that Alamy so proudly offered us at its launch. This is what they said:

• “We place our contributors at the centre of our service”
• “This is just the start of the new way forward for the creative mind.”
• “Only alamy.com will sell the images you supply us with.” 
• "On every sale alamy take 10% commission + about 3% credit card fee. YOU GET around 87% of the sale!!!! YES! 87% !!!"
• “It’s not like you are entering an arrangement that ties your images up for a lengthy amount of time.”
• “We have no interest in making changes to the contract to the detriment of photographers now or in the future.” 
• "How can we be assured that alamy.com will not increase the commission in their favor in the future? It would not be in alamy.com's interest to change terms to the detriment of our contributors, since our success depends on attracting large numbers of contributors.”

Every one of those promises has now been broken.

[ManWay]

5 hours ago, isphoto said:

on the notification today "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."

 

So if I read this right Alamy can now Give away my images "Where Alamy does not make a charge to these third parties, you will not receive payment." so if a publisher wants to trial Alamy, they can potentially get my images for free! If Alamy believe a new customer is worth subsidising then they should not be looking for contributors to fund their trials. So on this basis one contributor gets to fund a trial that they may never see a sale from, this is madness at it best.

 

Also we now have no control over restricting personal use sales, novel use or other newspaper type schemes.

 

Come on Alamy sales are up, margin is up, why the need for this?  This may well be a straw that breaks the camels back for some.

Interesting when you consider the below and how Alamy have consistently taken away commission and rights from their contributors.

 

Promises, promises

 It’s worth taking a look back at the bright new photographer centred business that Alamy so proudly offered us at its launch. This is what they said:

• “We place our contributors at the centre of our service”
• “This is just the start of the new way forward for the creative mind.”
• “Only alamy.com will sell the images you supply us with.” 
• "On every sale alamy take 10% commission + about 3% credit card fee. YOU GET around 87% of the sale!!!! YES! 87% !!!"
• “It’s not like you are entering an arrangement that ties your images up for a lengthy amount of time.”
• “We have no interest in making changes to the contract to the detriment of photographers now or in the future.” 
• "How can we be assured that alamy.com will not increase the commission in their favor in the future? It would not be in alamy.com's interest to change terms to the detriment of our contributors, since our success depends on attracting large numbers of contributors.”

Every one of those promises has now been broken.

[Avpics]

1 hour ago, ManWay said:

Every one of those promises has now been broken. x7

As broken as your internet connection I'm guessing 

[ManWay]

7 minutes ago, Avpics said:

As broken as your internet connection I'm guessing 

Yeah, thanks Avpics, I couldn't get a post on. The whole thing seemed broken. I kept trying to send a post but nothing happened and then got a message saying "error" . However all seems well now and the posts have all gone through! Never meant to send more than once.

Richard

[ManWay]

11 minutes ago, Avpics said:

As broken as your internet connection I'm guessing 

Any comment on the points made ?

[Avpics]

4 hours ago, spacecadet said:

"Relevant details" presumably means what we already get.

That's what I was thinking.

[Starsphinx]

I know with a micro stock site I have submitted to in the past there was a box you could tick saying an image could be provided free - so if you had a photo not being looked for or whatever you could choose to let it be used free - but if you did not tick the box the image had to be paid for.  I would suggest something similar for Alamy