Philip Game Posted February 5, 2020 Share Posted February 5, 2020 A strange situatiom popped up yesterday... I received a direct message from a would-be image buyer in S.E. Asia. He had searched online to find a point of contact for me, as he wanted to negotiate an indefinite term of use for a rights-managed image, rather than Alamy's max. 5 year term. The image in question is a portrait of a high-ranking Tibetan Buddhist lama (yes, really) taken in India 3 years ago. Apparently this lama has a following in neighbouring countries and his followers hoped to print and display the image in perpetuity at their temple or meeting place. On the spur of the moment I suggested he go ahead with the 5-year license and I would undertake that they could retain right of usage indefinitely. Now I see that they have only taken out 'noncommercial, personal use' which seems rather poor compensation... what would others do? Link to comment Share on other sites More sharing options...
gvallee Posted February 5, 2020 Share Posted February 5, 2020 I had a similar situation. Someone licensed an image for 'Personal Use'. Then the person tracked me down and contacted me directly, asking for a bigger size to give his graphic designer for a commercial project. I told him to contact Alamy directly. Alamy sorted it out and billed him for the real use, which he paid. 3 Link to comment Share on other sites More sharing options...
Thyrsis Posted February 5, 2020 Share Posted February 5, 2020 There is a clause in our contributor contract saying we cannot contact the customer. I wonder if there is a similar clause in a buyer’s contract saying they should not contact the photographer? Link to comment Share on other sites More sharing options...
Mr Standfast Posted February 5, 2020 Share Posted February 5, 2020 For a quiet life I would direct the enquiry to Alamy. Licences are their area of expertise. 1 1 Link to comment Share on other sites More sharing options...
Joseph Clemson Posted February 5, 2020 Share Posted February 5, 2020 3 hours ago, Philip Game said: A strange situatiom popped up yesterday... I received a direct message from a would-be image buyer in S.E. Asia. He had searched online to find a point of contact for me, as he wanted to negotiate an indefinite term of use for a rights-managed image, rather than Alamy's max. 5 year term. The image in question is a portrait of a high-ranking Tibetan Buddhist lama (yes, really) taken in India 3 years ago. Apparently this lama has a following in neighbouring countries and his followers hoped to print and display the image in perpetuity at their temple or meeting place. On the spur of the moment I suggested he go ahead with the 5-year license and I would undertake that they could retain right of usage indefinitely. Now I see that they have only taken out 'noncommercial, personal use' which seems rather poor compensation... what would others do? If you have reason to believe that this is the same customer who made the initial enquiry then refer the 'personal use' purchaseto Alamy with details of your suspicions. They will be in a position to contactthe buyer and make sure the correct licence has been purchased. 1 1 Link to comment Share on other sites More sharing options...
Philip Game Posted February 5, 2020 Author Share Posted February 5, 2020 Thanks everyone. I have referred the issue to Alamy and will leave it at that. 1 Link to comment Share on other sites More sharing options...
M.Chapman Posted February 6, 2020 Share Posted February 6, 2020 On 05/02/2020 at 05:49, Philip Game said: On the spur of the moment I suggested he go ahead with the 5-year license and I would undertake that they could retain right of usage indefinitely. Oops... 20 hours ago, Philip Game said: Thanks everyone. I have referred the issue to Alamy and will leave it at that. That's better 1 Link to comment Share on other sites More sharing options...
Rico Posted February 6, 2020 Share Posted February 6, 2020 On 05/02/2020 at 01:06, Thyrsis said: There is a clause in our contributor contract saying we cannot contact the customer. I wonder if there is a similar clause in a buyer’s contract saying they should not contact the photographer? Probably not. A book author contacted me regarding a MR for a book cover, so we got that straightened out. I'm assuming she got my phone number through Alamy. Link to comment Share on other sites More sharing options...
Thyrsis Posted February 6, 2020 Share Posted February 6, 2020 19 minutes ago, Rico said: Probably not. A book author contacted me regarding a MR for a book cover, so we got that straightened out. I'm assuming she got my phone number through Alamy. I very much doubt that Alamy have the right to give your phone number to anyone. Data protection laws etc. Did you ask them where they got it from? I would want to know.... 1 Link to comment Share on other sites More sharing options...
Michael Ventura Posted February 6, 2020 Share Posted February 6, 2020 Any questions about an Alamy image, on behalf of a buyer, has always come from an Alamy representative....never directly from a buyer. At least that's been my experience for the last 15 years. Link to comment Share on other sites More sharing options...
Rico Posted February 6, 2020 Share Posted February 6, 2020 19 minutes ago, Thyrsis said: I very much doubt that Alamy have the right to give your phone number to anyone. Data protection laws etc. Did you ask them where they got it from? I would want to know.... No, I didn't ask her. I was just glad to get the book cover 😁 1 Link to comment Share on other sites More sharing options...
Colblimp Posted February 7, 2020 Share Posted February 7, 2020 10 hours ago, Thyrsis said: I very much doubt that Alamy have the right to give your phone number to anyone. Data protection laws etc. Did you ask them where they got it from? I would want to know.... Who cares? No harm. 1 Link to comment Share on other sites More sharing options...
Bill Brooks Posted February 7, 2020 Share Posted February 7, 2020 I always refer these requests back to the agent because I am concerned that some clients are trying to deal direct with the photographer, in order to screw the agent out of their commission. If they are looking for a lower price and screwing the agent, why would they not screw you? Why would you want them as a client? 1 Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now