Jump to content
Philip Game

When the purchaser wants to vary Alamy's licensing terms...

Recommended Posts

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?

Share this post


Link to post
Share on other sites

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.

  • Like 3

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites
11 minutes ago, 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?

 

That would only apply if the transaction had gone through Alamy.

 

If Alamy were not involved i.e. the photo had not been bought through Alamy then this clause would not apply as a contract would not exist.

 

 

Edited by David Pimborough

Share this post


Link to post
Share on other sites

For a quiet life I would direct the enquiry to Alamy. Licences are their area of expertise. 

  • Like 1
  • Upvote 1

Share this post


Link to post
Share on other sites
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. 

  • Like 1
  • Upvote 1

Share this post


Link to post
Share on other sites

Thanks everyone.  I have referred the issue to Alamy and will leave it at that.

  • Like 1

Share this post


Link to post
Share on other sites
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 :)

  • Upvote 1

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
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....

  • Like 1

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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 😁

  • Upvote 1

Share this post


Link to post
Share on other sites
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.

  • Upvote 1

Share this post


Link to post
Share on other sites

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?

  • Like 1

Share this post


Link to post
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.