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1 hour ago, Cryptoprocta said:

I wouldn't base my next move only an anger and disappointment either. I've experienced both on my 'other place', from where I still earn considerably more than I do here, with 10% fewer files there.

However, unless the clauses I have already called out - in particular:

"4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;"

and

"4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world."

... are amended in a very clear, unambiguous way, I'd base my next move on integrity and not wanting to be dragged through courts.

 

I'm glad to see that, at last, others are looking at the changed contract clauses, not only the commission reduction for most.

 

 

I notice that at Clause 25.8 the agreement states: -
 

  1. "This Contract will be governed by and interpreted in all respects in accordance with the laws of England and Wales and each of the parties hereby submits to the exclusive jurisdiction of the courts of England and Wales."
     

Consequently, irrespective of where the contributor lives the applicable law will be English Law (unless the contracts are geographically different) I suspect that many of the contract terms are unenforceable under the Unfair Contract terms Act due to the fact that Alamy will not be legally able to avoid their own obligations and limit their liability at the expense of contributors.

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Has anyone requested their data? I've just downloaded mine and the tags and supertags are blank. Is this usual or has it been removed?

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33 minutes ago, Doc said:

Well said Cryptoprocta. Alamy must absolutely guarantee that if an image has been annotated for editorial use only, for example, that they will not sell that image for any other purpose including commercial/advertising use without the specific agreement of the contributor, both for images already on sale, and for those yet to be submitted after July. . Especially given that Alamy appears to be also putting responsibility on the contributor for legal problems arising from purchaser's usage of the images. The contributor remains the copyright holder of the image, and it is up to us to decide how our images are to be used. Unless this is made very clear, then this contributor will be carefully considering his position, after 17 years with Alamy, and I suspect many of the others here will be doing the same.

 

Kumar 

 

Many of the images That I have marked as editorial I am CONTRACTUALLY BOUND to not use them for other than editoral. It formed part of the accreditation agreement, contract when I was given access. Often it is sports events and the competitors guard their image righst jealously asnd organisers protect their brand and publ;ication rights; think FIFA or the IOC—there h as been discussion on these forums.

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1 minute ago, Flash68 said:

Has anyone requested their data? I've just downloaded mine and the tags and supertags are blank. Is this usual or has it been removed?

 

My data included both tags and supertags.

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Posted (edited)
13 minutes ago, Martin P Wilson said:

 

My data included both tags and supertags.

My fault - there were a few hundred rows at the start that were blank (probably old failed/deleted ones) - I'm becoming paranoid

Edited by Flash68
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Posted (edited)
20 minutes ago, Flash68 said:

Has anyone requested their data? I've just downloaded mine and the tags and supertags are blank. Is this usual or has it been removed?

I got mine yesterday and everything seemed to be OK

 

Sorry, didn't read Martin's post.

Edited by Cryptoprocta
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4 hours ago, Colblimp said:

Haha, just had a warning for 'swearing' and my comment removed, as if I could care less. Seriously, this company is laughable.

So someone is reading the comments!

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1 hour ago, Doc said:

Well said Cryptoprocta. Alamy must absolutely guarantee that if an image has been annotated for editorial use only, for example, that they will not sell that image for any other purpose including commercial/advertising use without the specific agreement of the contributor, both for images already on sale, and for those yet to be submitted after July. . Especially given that Alamy appears to be also putting responsibility on the contributor for legal problems arising from purchaser's usage of the images. The contributor remains the copyright holder of the image, and it is up to us to decide how our images are to be used. Unless this is made very clear, then this contributor will be carefully considering his position, after 17 years with Alamy, and I suspect many of the others here will be doing the same.

 

Kumar 

I totally agree. The majority of my photographs are marked for editorial use only and must remain so. They cannot be used for commercial/advertising and Alamy must guarantee they will abide by my designations.

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Posted (edited)
8 minutes ago, Flash68 said:

So someone is reading the comments!

I got a couple ofpermanent dermerit points for repeating myself yesterday 😒

Edited by Martin P Wilson
clarification
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Posted (edited)

OK, I have located a copy of the current (7 Jan 2019) contract, and clause 8.3 does not say that Alamy can promote through use of "complimentary Content." The new contract does. This was omitted from the Contract Changes document.

 

So how would that be done? Would individual images be licensed for free (with usage terms) to individual buyers/potential buyers? Or what? RM and RF?

Edited by Bill Kuta
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9 minutes ago, Flash68 said:

So someone is reading the comments!

I really hope so and I hope they realise how unhappy many of their contributors are. It's not just the drop in commission but also the rather worrying legal implacations arising from the new contract.

I've been faithful to Alamy for 18 years through good years and bad and now it feels a bit like they are pushing for a divorce :)  .. Reluctantly I've just started to eye up some of their neighbours ...

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1 hour ago, Martin P Wilson said:

I am a member of the NUJ, as are a good few other Alamy contributors, but don't see unions able to provide much help in the current circumstances.

 

Have you contacted NUJ regarding this matter and if so what has been their advice?

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Have had enough of this for a while. We're going out cycling 🚴‍♀️

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3 hours ago, Foreign Export said:

 

it will be very difficult for Alamy to legally enforce any part of the contract with this degree of omissions from it

 

 

Has anyone asked a UK lawyer to take a look at this?   

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1 minute ago, MizBrown said:

 

Has anyone asked a UK lawyer to take a look at this?   

Forget that.  There are no omissions. It was a mistake I made in misreading the docs that he is referring to. 

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Posted (edited)
18 minutes ago, MDM said:

Forget that.  There are no omissions. It was a mistake I made in misreading the docs that he is referring to. 

 

In general, it would be nice to have one of the UK members get a lawyer to take a look at it.  

 

Edited by MizBrown
put a lawyer in the picture
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I treated myself to a slap-up French(ish) lunch today for the first time in about a year. That seems to have solved all these problems -- at least for an hour. Maybe it was that large glass of Sancerre? 🤪

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Almost paying to post pictures... If you have to pay some model, or buy a drink to some friend or spend some cash to travel to take the picture you want... Stock photography is not paying the real value of the work and effort... It's declining real fast! 

 

Cheers 🥂

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21 minutes ago, hotbrightsky said:

 

Have you contacted NUJ regarding this matter and if so what has been their advice?

 

No,, because I have not been active on Alamy for several years. Decision I was pondfering was whether to restart or leave and it I am clearier to making my decision. I am not sure my new plans woiuld fit with Alamy in any case.

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2 minutes ago, Bill Kuta said:

And Miz Brown, thanks for the nom de plume. Interesting google.

I told one agent I was a mid-list author.  She was horrified and didn't take me on as a client.

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26 minutes ago, Paul J said:

 

I have questioned this, with the unsatisfactory response below. I do not want Alamy contacting my clients with what I would assume are threatening emails full of legal jargon without consulting with me first. Not sure if I can be bothered to mark all my images as non-exclusive. I may just ask for account deletion as I earn relative peanuts from them.

 

'As per the new contract Alamy can chase infringements for images exclusive to Alamy without needing to contact the contributor first (as of July 1st).  

 We will always ask the infringer in the first instance whether they already have a license in place before requesting payment from them in case they have licensed the image directly via yourself.'

 

 

so @Alamy why did you ask us to make an election 2 weeks ago, and further stated that this could be changed with just an e-mail? 

 

 

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2 minutes ago, meanderingemu said:

 

 

so @Alamy why did you ask us to make an election 2 weeks ago, and further stated that this could be changed with just an e-mail? 

 

 

No long or medium term planning

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5 minutes ago, Sally R said:

If I decide to terminate my contract, my understanding is I give Alamy 45 days notice. They in turn state they will do the following:

  1. On termination Alamy will:
    1. delete from the Alamy Websites any Content provided by you under this Contract;
    2. continue to report to you in respect of Licences granted prior to the date of termination of this Contract or Licences granted after the date of termination of this Contract as permitted herein;
    3. not return to you any data, of whatever kind, relating to any Content or the Content itself.

However, it has also has been stated in this thread that the images stay up for 6 months. Can someone point me to where this is in the contract? If images stay up for 6 months that contradicts the above where it states that the images will be removed at the point of termination which would be at 45 days.

 

Alamy announced the changed contract 44 days prior to the 1 July, thus less than 45 days away. But presumably if I quit before the 1 July I am doing so under the terms of the existing contract.

 

 

 

the 45 days does not apply for termination due to change, so your termination will be June 30th. 

 

You may have to argue on licensing prior to date date, but reported post, but since it seems you would never have agreed to the new changes they should contractually be on the old basis.

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7 minutes ago, Sally R said:

If I decide to terminate my contract, my understanding is I give Alamy 45 days notice. They in turn state they will do the following:

  1. On termination Alamy will:
    1. delete from the Alamy Websites any Content provided by you under this Contract;
    2. continue to report to you in respect of Licences granted prior to the date of termination of this Contract or Licences granted after the date of termination of this Contract as permitted herein;
    3. not return to you any data, of whatever kind, relating to any Content or the Content itself.

However, it has also has been stated in this thread that the images stay up for 6 months. Can someone point me to where this is in the contract? If images stay up for 6 months that contradicts the above where it states that the images will be removed at the point of termination which would be at 45 days.

 

Alamy announced the changed contract 44 days prior to the 1 July, thus less than 45 days away. But presumably if I quit before the 1 July I am doing so under the terms of the existing contract.

 

 

My understanding the six months is if the contributor deletes the images. I seem to recall those who have terminated their contract the images disappeared on terminmation,

 

The 45 days probably does not apply as you are simply not accepting the new contract and Alamy are terminating the old contract on 30 June - they have given the 45 days notice.

 

I notice there is no mention of making payments, but as they may still report licences the money should follow, eventually and hopefully without the $50 threshold.

 

But I am not a lawyer ...

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