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Contract Change 2021 - Official thread


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2 hours ago, Russell Watkins said:

 

Thank you. Yes, I had to retire early (from hospital medicine).

 

OK I knew you said you were a medical doctor (and a fellow vegetarian I recall as well). I hope you are ok now in any case. Best of luck with your studies. 😀

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5 hours ago, MizBrown said:

So when is Alamy going to proved the Remainers with a revised contract that clarifies the issues others have raised? 

 

Careful with your terminology MizBrown. Remainer is a dirty word in some circles and certainly among several  of the PA media publications as well as some people who might be lurking right now.  🤣

Edited by MDM
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On 17/05/2021 at 10:01, Alamy said:

Every business makes decisions that balance the needs of its suppliers, customers, staff, community, and shareholders – in the context of the global market. In Alamy’s case, decisions are taken with the goal of long-term growth and sustainability. Profits are reinvested into the business to support this, and we believe our rates to be fair and sustainable.

It's probably more about keeping shareholders happy rather than contributors .. there isn't one post in the 50+ pages saying that a contributor is happy, quite the opposite.

 

I guess we now know where we stand as contributors.

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1 hour ago, wilkopix said:

 

 

The rate cut is the last straw for me. My new material will now be going exclusively to other more lucrative outlets first. My once exclusive material with Alamy will now be marked as non exclusive and uploaded to several agencies ... I'm in business after all and I now have to find a way to generate the 20% shortfall.

 

Very sad day for loyal Alamy contributors.

 

 

 

 

If your'e staying, then i'd hang fire until the 1st of July, otherwise changing exclusive material to non exclusive now will lose you 10% of any sales till the new contract starts

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3 hours ago, Alamy said:

Around 17 million of the 260 million images for sale on Alamy are marked as exclusive to us.

This suggests (very strongly) that retaining the 50% for exclusivity would have minimal effect on Alamy's total income (c1.3%) compared to a huge (20%) reduction in the income of photographers who have decided to give their work exclusively to Alamy as well as having put a HUGE effort in the months since the last percentage change into making sure their portfolio was correctly marked as exclusive.

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3 hours ago, Allan Bell said:

 

HMMMM!!  🤔

 

Allan

 

 

Totally mealy mouthed. The clarification serems to me to be what we called in my consultinfg days "weasel words". They have not answered the question and with no contract chnage that email is worthless.

Edited by Martin P Wilson
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3 minutes ago, Phil Robinson said:

This suggests (very strongly) that retaining the 50% for exclusivity would have minimal effect on Alamy's total income (c1.3%) compared to a huge (20%) reduction in the income of photographers who have decided to give their work exclusively to Alamy as well as having put a HUGE effort in the months since the last percentage change into making sure their portfolio was correctly marked as exclusive.

 

and not only that, these 17 million images are the area they focus their one big new initiative of 2021.. And now they are literally telling people to change that label.  I will have images with Alamy that meet their definition of Exclusive, but there will be No way for them to know, because they are forcing me to change that label..Makes no sense.... 

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I am not going to waste any more time on this matter, I have bnetter things to do, my PhD for a start.. I will go away and make my plans including the decision as to whether I leave my content with Alamy or not, and build a community around my own website. I may pop in very occasionally.

 

If I decide to leave I wioll be back before 1 July to say my goodbyes.

 

Stay in touch, I am not difficult to find.

Edited by Martin P Wilson
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3 hours ago, Alamy said:

Why have you removed the incentive to be exclusive for most contributors?

 

Around 17 million of the 260 million images for sale on Alamy are marked as exclusive to us. Our aim is to establish that these images really are exclusive and unlock infringements revenue, as exclusive images to Alamy will be given priority for infringement chasing. We will then review our plans to market a unique collection, and the value of this to customers. We’re aware that this changes the commission incentive for many contributors to sell exclusively with us, although there will be the benefit of potential infringements revenue. This will not stop you selling directly yourself.

If Alamy is going to pursue infringements, does it not make sense for Alamy first to check with the contributor whether they may have sold direct (which is permitted within exclusivity) before chasing the user?  The opportunities for Alamy embarrassingly to shoot itself in the foot chasing users who are lawfully using directly licensed images are all too obvious.  Embarrassing for Alamy, and embarrassing for the contributor and their relationships with their direct licence clients: “buy from me but expect a threatening letter from Alamy” is not the best marketing strap line of recent years.

 

Graham

Edited by Graham
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3 minutes ago, Graham said:

If Alamy is going to pursue infringements, does it not make sense for Alamy first to check with the contributor whether they may have sold direct (which is permitted within exclusivity) before chasing the user?  The opportunities for Alamy embarrassingly to shoot itself in the foot chasing users who are lawfully using directly licensed images are all too obvious.

 

Graham

 

not too much problem for Alamy:

 

" Where pursuing such infringements if it is found that the Content has been licensed through another licensing platform, Alamy has the right to recoup any fees incurred in the pursuit of any action taken."

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About 80% of my collection on Alamy is currently exclusive. If there are no revisions to the proposed contract I'll be converting all my Alamy images to non-exclusive at end of June and uploading elsewhere. I'm disappointed it's come to this. I've been a long term loyal Alamy contributor (joined in 2010) with all my images 100% exclusive. But the last changes in commission rate by Alamy led me to try some images elsewhere where I found that I can get a comparable or better return / image, revenue is received more quickly, and keywording and uploading is easier (e.g. auto stemming). Nevertheless, I preferred Alamy's business model (ie. not MS) so have stuck with them and hoped they would improve under new management. But, given the response to 50 pages of forum posts, without even the smallest indication that the feedback (which they asked for) is going to make any difference is very disheartening. Alamy - IMHO you're heading in the wrong direction. But it's not yet too late...

 

Mark

Edited by M.Chapman
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Alamy has mentioned that it will be using partners in their copyright enforcement operations.

 

Probably the most aggressive and most active copyright enforcement company is PicRights. It may be that Alamy has engaged the services of PicRights to be the partner in their copyright enforcement operations. I think the new Alamy contract would make PicRights, or any other enforcement operation's job, much easier.

 

https://picrights.com/en-ca/

 

PicRights or other companies like it, unless Alamy clarifies this point, is one of those known unknowns that has to be considered when making decisions regarding your obligations under the Alamy contract.

 

If you are concerned about photographer responsibilities regarding exclusivity, enforcement letters to your own clients, the ability of Alamy to recover costs from you for screwups, then PicRights or not, you should read this.

 

https://www.stripes.com/french-press-agency-drops-copyright-claim-against-ex-pows-group-1.585020

 

As I understand it, PicRights enforcement process is largely automated. The enforcement technology, before being acquired by PicRights, was used by another stock photo agency to send enforcement notices to photographer Carol Highsmith for using one of her own images on her own website. Highsmith lost her lawsuite, but made her point.

 

https://news.artnet.com/art-world/carol-highsmith-getty-images-1-billion-lawsuit-580088

 

Copyright enforcement has become big business, tread with care.

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1 minute ago, meanderingemu said:

 

not too much problem for Alamy:

 

" Where pursuing such infringements if it is found that the Content has been licensed through another licensing platform, Alamy has the right to recoup any fees incurred in the pursuit of any action taken."

 

 

Could have been licensed hundreds of times on a micro stock before being taken down and put on Alamy as exclusive.

 

If you don't bother to first ask the contributor why should they be liable for your expenses and fees?

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9 minutes ago, geogphotos said:

 

 

Could have been licensed hundreds of times on a micro stock before being taken down and put on Alamy as exclusive.

 

If you don't bother to first ask the contributor why should they be liable for your expenses and fees?

 

 

none of it make sense.  

 

 

(note i'll give you arrow later, system really is limiting me for last few days....  i guess agreeing with too many comments is perceived as bad by Alamy now)

Edited by meanderingemu
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Frankly, Alamy's response is about what I expected. I've been happy with my Alamy income over the years, so as mentioned I'll be sticking around despite the changes. I'm not about to toss all the work I've done here out the window. The 40% share is of course discouraging, but I can learn to live with it. As far as the legal stuff goes, it's all Martian to me. It seems to me that lawyers concoct these weasel documents mainly to cover their clients' you-know-whats. It would be nice to have further clarification on the points others have raised, but I'm not holding my breath. That said, the 80% Alamy commission for the Silver Level is awful. If I had been sitting around here for a few years and still wasn't able to make a measly $250 a year, I'd be moving on for sure. As Ian/geogphotos mentioned earlier, Google licensing has the potential to open doors for those who have their own websites. I'll definitely be putting more effort into my PS website as well as looking for other non-micro agencies to place images that have been gathering dust here. Life must go on...

 

 

 

Edited by John Mitchell
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55 minutes ago, MDM said:

 

Careful with your terminology MizBrown. Remainer is a dirty word in some circles and certainly among several  of the PA media publications as well as some people who might be lurking right now ready to pounce with red arrows. Ouch 🤣

 

Mheh, I have a British friend and also have a private Usenet hierarchy account with British people among others who've discussed Brexit ad nauseum.  :)

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13 minutes ago, John Mitchell said:

Frankly, Alamy's response is about what I expected. I've been happy with my Alamy income over the years, so as mentioned I'll be sticking around despite the changes. I'm not about to toss all the work I've done here out the window. The 40% share is of course discouraging, but I can learn to live with it. As far as the legal stuff goes, it's all Martian to me. It seems to me that lawyers concoct these weasel documents mainly to cover their clients' you-know-whats. It would nice to have further clarification on the points others have raised, but I'm not holding my breath. That said, the 80% Alamy commission for the Silver Level is awful. If I had been sitting around here for a few years and still wasn't able to make a measly $250 a year, I'd be moving on for sure. As Ian/geogphotos mentioned earlier, Google licensing has the potential to open doors for those who have their own websites. I'll definitely be putting more effort into my PS website as well as looking for other non-micro agencies to place images that have been gathering dust here. Life must go on...

 

My sentiments exactly. Alamy isn't my biggest money maker compared to the other two sites I contribute to, but it's a nice little chunk of travel money each year, doing something that I enjoy. Contributors were up in arms about the SS changes last June and left in droves (or said they did). I stuck around there too and am now doing better than before their big commission change. While it doesn't make me happy, I will probably stay and continue adding photos.

Edited by KFisher
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