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Exclusive photos and writing a travel article


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Hello everybody,

 

I have read the pertinent article in the contributor contract but I have not found the answer to my question:

 

Can I use some of my exclusive images in a travel article if I get paid for writing the piece?

 

I have asked Alamy about this scenario but they did not provide me with an answer.

 

Thank you all for your help.

 

Best,

 

Aurore

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Well no question that you can use them.  The issue is can you still have the checkmark "exclusive" in Alamy AIM , don't forget exclusive is only something that applies to commission, Alamy at this point is not using it as marketing. 

 

Now.

 

 Contract

 

"Exclusive"
means, in relation to an Image, 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 but excluding the Contributor’s personal website and print sales, provided that Images of artworks, or that are not protected by copyright, or that are in the public domain or for which copyright ownership is unknown will never be deemed to be Exclusive.

 

I don't see your scenario as negating anything in there.  You are not making the image "available via any third party licensing".  

 

 

 

 

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Thank you for your help meanderingemu!  I am reading the contract in the same way you are.  

 

My only concern is if I manage to get paid for the article and my photos are used, would that be considered a breach of contract.

 

Thanks again!

 

Aurore

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I used to do a lot of travel writing and always illustrated my own articles. Alamy's definition of "exclusive" simply means that you haven't submitted the same image(s) to another stock agency, so there is no problem using your photos with your writing. Be careful, though, some publications, especially newspapers, now demand "all rights" to photos accompanying freelance articles. Read the contract carefully.

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No, it is my understanding that you can sell your own images directly to your clients and still mark them as exclusive. I believe that exclusive only pertains to not having them with any other photo agency.

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  • Solution

Hi Aurore, 

 

Just to confirm, images marked as exclusive on Alamy can still be licenced through your own website. 

 

All the best,

Elisabeth 

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