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NYCat

Commission Change announced in email

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7 hours ago, MDM said:

One thing for sure though that I haven't seen mentioned in any of the posts since the original announcement: if one is posting images on Facebook or Instagram, then these images could not be exclusive to Alamy as uploading to either gives them the right to sub-license and so on

Surely most people (who know anything, or sell images) only share small size pics (no point in uploading pics wider than 1200 on Fb or 1080 on Insta) with big watermarks. OK, superimposed text can be removed and files could be enlarged, but in real life I have far more problems with photos lifted from Alamy buyers (esp the low price newspaper sales) than I've ever had from my watermarked pics on Fb (where I have really locked down my settings) or Insta/Flickr.

 

 

 

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Another consideration - FAA allows POD on quite a bit of other types of products besides "prints" (towels, blankets, etc, etc).  Should we assume this is all OK?

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43 minutes ago, amycicconi said:

Another consideration - FAA allows POD on quite a bit of other types of products besides "prints" (towels, blankets, etc, etc).  Should we assume this is all OK?

 

I don't think we can assume anything here, but I figure that the other printable items are also prints--just not on the various "art print" media. 

 

I think it's also significant that items purchased on FAA are essentially one-offs for personal use (there are some weeds one could get into here, but I think it would amount to over-analyzing).

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8 hours ago, Cryptoprocta said:

Surely most people (who know anything, or sell images) only share small size pics (no point in uploading pics wider than 1200 on Fb or 1080 on Insta) with big watermarks. OK, superimposed text can be removed and files could be enlarged, but in real life I have far more problems with photos lifted from Alamy buyers (esp the low price newspaper sales) than I've ever had from my watermarked pics on Fb (where I have really locked down my settings) or Insta/Flickr.

 

 

 

 

 

I just mentioned it as an example of where one is giving up licensing rights to a third party (Facebook) which is not a stock agency (... that the Image is not also available via any third party licensing, sales or (where the Image is not supplied by Alamy) distribution channel, including without limitation another stock agency or image site ...  ).

 

SIze does not come into this and is not mentioned anywhere in the contract so does not affect exclusivity. Nor is there any mention of watermarking, except that heavily watermarked images are a lot less likely to be sublicensed I guess. In any case, heavy watermarking is not the norm on Instagram and that includes all of the Alamy forum people that I know who are regulars there. I find that the benefits of Instagram (publicity leading to work) far outweigh the negatives (possibility of image theft). 

 

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11 hours ago, Cryptoprocta said:

I don't think "my interpretation of the legalese" (making up my own mind), or that of my peers on the forum, would stand up in a court of law, so I'd rather contact CS.

I'm not sure either, but that's what (3) is for. How bad could my mistake be. If bad, go to the next stage, which I agree could be CS.

My checklist was really aimed at a particular quarter, but quote-free in the hope of avoiding the Red Arrows.

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Posted (edited)

duplicated

Edited by spacecadet

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I received an answer from Alamy about Fine Art America...

 

 This is fine as long as you are signed up for print/product sales only and not stock licences; FAA does have a stock option so you will need to make sure they are not available for that if you want to remain on FAA and be exclusive on Alamy.

 

So it is as we thought. Now I shall spend some time marking my images as only available on Alamy.

 

Paulette

 

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Excellent, thanks for passing that along

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58 minutes ago, NYCat said:

I received an answer from Alamy about Fine Art America...

 

 This is fine as long as you are signed up for print/product sales only and not stock licences; FAA does have a stock option so you will need to make sure they are not available for that if you want to remain on FAA and be exclusive on Alamy.

 

So it is as we thought. Now I shall spend some time marking my images as only available on Alamy.

 

Paulette

 

Thanks for passing on that info, Paulette; that was my  concern too.

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Hi everyone

 

Here’s a some more information to help clarifying the recent contract change.

 

Live News images

The commission rate is not applied before the invoice is raised so if you sell any images via Live News, you can still mark them as exclusive a few days later in AIM and the correct commission rate will be added. We are also working on a new function that will allow you to set exclusive as default. This will help simplifying the process.

 

Different versions of the same image – can they be marked as exclusive?

Similar versions of the same image that are available on other licencing platforms can’t be marked as exclusive (i.e. B&W or different crop). To be able to mark similar images as exclusive the versions need to be different from each other. Images that are from the same shoot but shot from a different angle or the model is posing differently, is considered a different image and can be marked as exclusive if that particular shot is not available elsewhere.

 

Facebook and Instagram

You can upload exclusive images to Facebook and Instagram.

 

POD sites

Images that are available via POD sites can be marked as exclusive as long as they’re not offered for additional licencing through the POD site.

We consider additional products as mugs and towels the same as prints.

 

Images of artwork

Images of artwork in context can be marked as exclusive. The general rule of thumb is that the artwork can’t take up any more than 1/3 of the image frame.

 

If you need any further clarification, please email our contributors team and they’ll be able to provide more information.

 

Thanks

Alamy

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Thanks for the clarification Alamy.  That really helps.

 

Pearl

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Thanks Alamy - thats very helpful

 

Kumar

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Thank you for the excellent clarification.  I know exactly where I stand now. Whew! 

Betty

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Posted (edited)

Most helpful. Thanks, Alamy.

Edited by John Mitchell

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Posted (edited)
4 hours ago, Alamy said:

Hi everyone

 

Here’s a some more information to help clarifying the recent contract change.

 

Live News images

The commission rate is not applied before the invoice is raised so if you sell any images via Live News, you can still mark them as exclusive a few days later in AIM and the correct commission rate will be added. We are also working on a new function that will allow you to set exclusive as default. This will help simplifying the process.

 

Different versions of the same image – can they be marked as exclusive?

Similar versions of the same image that are available on other licencing platforms can’t be marked as exclusive (i.e. B&W or different crop). To be able to mark similar images as exclusive the versions need to be different from each other. Images that are from the same shoot but shot from a different angle or the model is posing differently, is considered a different image and can be marked as exclusive if that particular shot is not available elsewhere.

 

Facebook and Instagram

You can upload exclusive images to Facebook and Instagram.

 

POD sites

Images that are available via POD sites can be marked as exclusive as long as they’re not offered for additional licencing through the POD site.

We consider additional products as mugs and towels the same as prints.

 

Images of artwork

Images of artwork in context can be marked as exclusive. The general rule of thumb is that the artwork can’t take up any more than 1/3 of the image frame.

 

If you need any further clarification, please email our contributors team and they’ll be able to provide more information.

 

Thanks

Alamy

 

Many thanks Alamy. :)

 

 I trust  these important clarifications will either be added into the definitions section of the contract or included in the contributor help section on Alamy.com (as appropriate), so they're easier to find than a "buried" forum posting.

 

Mark

 

 

Edited by M.Chapman
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Posted (edited)

Dumb question, but I have to ask -- I assume that public art installations and sculptures, not only murals on buildings and conventional paintings, are subject to the no more than 1/3 of the image frame rule of thumb mentioned above?

 

Dumb question #2 -- I have some images of street murals that no longer exist -- i.e. the buildings they were painted on have recently been torn down. What to do about those? Can I now mark them as "Only available on Alamy"?

Edited by John Mitchell

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Posted (edited)

GA4XKM.jpg

 

Out of interest and to help me understand.  How would this fare under the third max rule - probably between a third and a half of the image area ?

Edited by John Walker
Minor correction

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Posted (edited)
26 minutes ago, John Walker said:

GA4XKM.jpg

 

Out of interest and to help me understand.  How would this fare under the third max rule - probably between a third and a half of the image area ?

 

Don't think I would check the "Only available..." box for that one. The sculpture is obviously the main subject so not sure that the general rule of thumb would have much weight here, even though the background does give context. Tough call.

Edited by John Mitchell
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Posted (edited)

I think we need from Alamy a definition of what they consider to be "artwork".

 

Paintings, murals, sculptures, but what else? How about monuments, masks, carvings made by indigenous peoples (e.g. totem poles), archaeological artifacts, architectural details, etc.? Are all these to be considered artwork?

 

More help from above urgently required, please.

Edited by John Mitchell

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We can't expect Alamy to keep on cranking out clarifications to clarifications. The point comes when we have to make up your own minds. I had a suggestion for that on another thread.

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Posted (edited)
36 minutes ago, spacecadet said:

We can't expect Alamy to keep on cranking out clarifications to clarifications. The point comes when we have to make up your own minds. I had a suggestion for that on another thread.

 

Sure, but "artwork" is pretty vague. Some of us have a lot of subjects that might or might not fit into that category.

 

Remember, Alamy will be gaining financially from the upcoming commission changes, and they will be the final arbiter of what can or cannot be made "exclusive", possibly at our expense. 

Edited by John Mitchell
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On January 7, 2019 at 18:29, Bill Brooks said:

here is the body of an email I just sent to:  Alamy <contributors@alamy.com>

 

Please mark all of my images "only available on Alamy”. That is all images in my account XXXXXXX@XXXXXX.com, including all pseudonyms.

 

There are no similars to my Alamy images for sale at any other stock photo agency.

 

There are a very small number of copy images of historic paintings that are in the public domain. I will revert the “only available on Alamy” designation for those copy images, as soon as you make it.

 

Bill Brooks

Check it out !!! https://www.alamy.com/portfolio/billbrooks/favourites.html
 

 

I sent a similar email. Didn't work for me--they told me how to do it myself. 

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1 hour ago, Bill Kuta said:

 

I sent a similar email. Didn't work for me--they told me how to do it myself. 

In October Alamy sent out a circular email offering to do it. Perhaps it depends on your port size- or who answers your email.

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On 09/01/2019 at 17:41, John Mitchell said:

 

Sure, but "artwork" is pretty vague. Some of us have a lot of subjects that might or might not fit into that category.

 

Remember, Alamy will be gaining financially from the upcoming commission changes, and they will be the final arbiter of what can or cannot be made "exclusive", possibly at our expense. 

 

Indeed, and if a contributor gets it wrong, Alamy has the option of terminating their contract immediately... (according to Clause 2.7)

 

Probably a good idea to make the rules as clear as possible and include in the contract methinks?

 

Mark

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