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Contract Change 2021 - Official thread


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18 minutes ago, Phil Crean said:

Could anyone on here who is a member of the NUJ; AOP: or other relevant organisation send the contract to them and request their views on it....

Phil

 

I  can't do that as not a member but I just wanted to say that the caption of the image below might be offensive to red-haired people in some parts of the world, notably Scotland and Ireland.

 

Ginger cat drinking water from a sprinkler system outlet on a grass lawn in Los Gigantes, Tenerife, Canary Islands, Spain. Contributor: Phil Crean

ginger-cat-drinking-water-from-a-sprinkl

 

 

Edited by MDM
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1 minute ago, MDM said:

 

I  can't do that as not a member but I just wanted to say that the caption of the image below might be offensive to red-haired people in some parts of the world, notably Scotland and Ireland.

 

Ginger cat drinking water from a sprinkler system outlet on a grass lawn in Los Gigantes, Tenerife, Canary Islands, Spain

ginger-cat-drinking-water-from-a-sprinkl

 

 

Well I did consider calling it Orange but that would only offend a small number of my countrymen 🤣

Phil

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Just now, Phil Crean said:

Well I did consider calling it Orange but that would only offend a small number of my countrymen 🤣

Phil

 Maybe you should cover your bases. Orange/Ginger. Sounds like a drink. Oh no not another stereotype. I've offended myself. 🤣

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2 hours ago, Ed Rooney said:

 

I never believed that digital stock was a way to make real money, not without a Herculean effort and more work than I want to do. I've never thought I was building a career here; I've had my career. To me this was a game with sales being the way to keep score. 

 

But in fact, the amount I make per month has become important to my ongoing budget. Sadly, I don't control things here. The King of Siam said, "It is a puzzlement." I shall make my decision before the end of June. 

 

At one time, all we had to fear was the Sin Bin. Now it's Debtor's Prison. My, how things have changed... 😲

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2 minutes ago, John Mitchell said:

I dunno about that. As Jill M. pointed out above, Silver is potentially Gold for Alamy, financially speaking.

Yet another reason for me to leave. I get punished while they make more money. But that's the way the world works, isn't it. I have deleted all the tags on my photos, checked all the restrictions I am allowed, and sent in my resignation. I know that they don't give a shit one way or the other. This is for my own peace of mind. Alamy was never going to be a significant source of income for me--my portfolio is way too small and I am not a prolific photographer. I would like to say thank you to everyone on the forum who has spent the time to answer my questions, whether I asked them directly or didn't have to because someone else did. For those of you who are more invested in Alamy, I hope things work out for you. For those who, like me, are leaving, best of luck in your new ventures. And with that, I am off to my garden, where my tomatoes appreciate me!

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8 minutes ago, John Mitchell said:

 

At one time, all we had to fear was the Sin Bin. Now it's Debtor's Prison. My, how things have changed... 😲

 

If I must go to debtors' prison, I hope it's in Scandinavia. Those facilities would probably be an improvement on my current lifestyle. Don't want to go to a Turkish lockup. Or one in Brasil. I like the music and cuisine, but I don't think I would like their prisons. 

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4 minutes ago, Ed Rooney said:

 

If I must go to debtors' prison, I hope it's in Scandinavia. Those facilities would probably be an improvement on my current lifestyle. Don't want to go to a Turkish lockup. Or one in Brasil. I like the music and cuisine, but I don't think I would like their prisons. 

 

You could always try Rikers Island. Great reputation and close to home for you.

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3 hours ago, Cryptoprocta said:

Is this also an oversight?

" 9.1 In addition to the promotion rights set out in 8.3 above you grant Alamy permission to sell your Images at any price and by any method we feel appropriate and to supply Images to third parties without Alamy having to consult you, including but not limited to trials with new Customers, prototypes/proof of concept and high volume low unit price licences. Where Alamy does not make a charge to these third parties, you will not receive payment.

🤢

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1 minute ago, Ed Rooney said:

 

What? They moved Rikers to Liverpool? 

 

Not yet but I believe it was discussed as part of the putative trade deal. Liverpool and New York have a long history of connectivity. In the meantime you could always try deportation. Lose your Irish passport and off you go. 

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1 hour ago, Cryptoprocta said:

I do note that they have reserved the right to sell images any way they want, which potentially would include selling editorials as commercial, while trying to hold themselves not to have liability.

 

Those of you who are staying should really get that one cleared up, especially if companies claim to be able to get releases for unreleased people. 

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1 minute ago, Betty LaRue said:

Don’t respond to Ed, Michael. He has a firm hold on your leg and is pulling it. Probably still wanting that fight!

 

No worries Betty. I have a firm hold of his as well. 

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I can predict where this is going next.   Give it two years, and the remaining contributors will be here discussing their pleasure in discovering that the new annual sales threshold for the oh so coveted 'gold' status is raised to $1500 per year.

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You know, if there was something called a "union" that represented stock photographers and was authorized to negotiate a contract on their behalf, I might delete my port and and give it to that union until terms were settled. Maybe a few thousand union photographers could have some leverage. Scary thought, eh?

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Our last sale was a presentation usage for $8. I queried the low fee and was told “it was paid for in euros and then converted –  some personal use licence fees differ depending on which country they are purchased from and then the exchange rate.”

So I went back and said that still didn’t explain why the fee was so low.

A further reply said that “ the image was  purchased using an image pack meaning the customer buys the pack for a certain price and can download a certain number of images for that price, hence the lower than usual price for presentation use.”

So the first response was not the actual reason for the low fee! 

Upshot is we get 50% of $8 which is less than £3. When the new commission rates come into effect that would be .....not worth the effort.

That’s why we’re out. 

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31 minutes ago, formerly snappyoncalifornia said:

You know, if there was something called a "union" that represented stock photographers and was authorized to negotiate a contract on their behalf, I might delete my port and and give it to that union until terms were settled. Maybe a few thousand union photographers could have some leverage. Scary thought, eh?

 

And every stock agency would have the operations center in Texas or some other right to work state.

 

The reason the movie/scriptwriters union works is that there's less of a "good enough" issue involved, and because abandoning large studios wasn't easy in those days.  There have been attempts to get writers who weren't in movies or t.v. organized in the US (Nationalal Writers Union), and SFWA has done some actions to get people paid, but for what's good enough, there are a ton of people who will work free or cheap to get their feet stomped on/in the door.

 

 

 

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When I occasionally had lunch in the 1980's with other full time professional stock photographers there was always discussion about stock photographer A going to Antarctica, stock photographer B trekking around Everest, stock photographer C off to the Amazon. Photographers ABC all using their own financial resources from stock to shoot stock.

 

As we all burned with envy when we compared ABC with our own trips to Niagara Falls we would snap ourself back to reality with the question "is stock photography a photographic business, or a photographic lifestyle"?

 

We knew that ABC would never sell enough from those particular trips to even break even. No big budget major airlines or car rental companies or government tourist bureaus promoting those locations. So those trips were for a photographic lifestyle.

 

When I look at our Alamy portfolios, today's travel costs, and Alamy prices, I have to conclude that many of us are Alamy photographers for the photographic lifestyle.

 

What is the effect of the new Alamy contract on our photographic lifestyle? Given the contract's restrictive legal nature, 20% less money, and lower Alamy prices down to zero, I think some of us would be better off looking for other ways to support our photographic lifestyle.

 

Contra deals, that would be dangerous and maybe impossible under the new Alamy contract, could be possible. Free accommodation at a resort in return for free photographs taken around the resort. Travel expenses from a non profit in return for free photography telling the story of their work in the field. Free access to private places in return for free photography. Donate your stock collection to a museum or university in return for an income tax write off. Free photography of an author, who could introduce you to their publisher. Accommodations in country homes in return for photography lessons. Make your presence felt at gallery openings. Get a patron. A photo book on your favourite subject would open all sorts of contra deals. A second book even more.

 

The entry point for much of the above contra is to attract attention to yourself by giving away copyright images for free from your existing stock photo collection. If Alamy gives your images away for free or nearly free, you get no credit and thereby remain anonymous. Uncredited stock is anonymous for the photographer, but distributing free photographs through your website, blog, facebook page, Flickr, builds a reputation that leads to contra deals that support a photographic lifestyle.

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Clause 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.

 

Looking at this again, I have come to the opinion (which can easily be proved correct or incorrect by some input from Alamy) that what is meant is: 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 or vulgar. Also any use will not violate publicity rights anywhere in the world.

 

In other words it's an Eat Shoots and Leaves job. Or not. Now my knowledge of law is strictly layman and  I would rather be studying the laws which govern plate tectonics and volcanism any day. However, the contract is governed by the laws of England and Wales which probably places a high bar on the interpretation of what is obscene and indecent (probably not so much on defamatory I believe). The anywhere in the world but refers only to violating publicity rights. 

 

OK that is my interpretation. I await enlightenment.

Edited by MDM
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