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On 18/05/2021 at 14:02, Gina Kelly said:

My first red arrow, for questioning what will happen with the stockimo commission?? Ok, whatever, really hard to care now.

I agree. I'm starting to feel like, "I've been kicked out of better places than this! MUCH better!!"

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7 minutes ago, BidC said:

I'm still going through and trying to digest the contract changes and what they may meant to me.

 

If you make $250 or more a year, it's ten percent drop in net over gross.   The idea that we need to be motivated by further financial penalties is another reason I resigned.  If you believe that "the largest room in the world is the room for improvement," and that financial incentives work and so forth, then stay with Alamy. 

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Posted (edited)
3 minutes ago, MizBrown said:

ten percent drop in net over gros

Getting 40% instead of 50% is actually a 20% reduction.

I rather doubt the MD is suffering a 20% cut in salary on July 1st.

Edited by spacecadet
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5 minutes ago, MizBrown said:

 

If you make $250 or more a year, it's ten percent drop in net over gross.   The idea that we need to be motivated by further financial penalties is another reason I resigned.  If you believe that "the largest room in the world is the room for improvement," and that financial incentives work and so forth, then stay with Alamy. 

 

Its the legalities (and what they mean as far as I'm concerned) that I'm trying to digest to be honest. 

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Just now, spacecadet said:

Getting 40% instead of 50% is actually a 20% reduction.

 

I've never been that good at maths.   How so?

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4 hours ago, AndrewP said:

If we’re not sensible about this then we could get to the point where the only thing that’s safe to photograph is the sky.

I used to work for a large investment bank back in the day, one day we had to attend a "diversity training" workshop. When asked what might be an acceptable topic of conversation with colleagues, someone piped up "religion". Everyone laughed and by the end of the day we all knew that the ONLY safe subject was the weather.

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Posted (edited)
4 minutes ago, MizBrown said:

 

I've never been that good at maths.   How so?

Think of two £40 sales instead of two £50 sales as being proporitionately the same as one sale for £80 instead of £100.

£80 is 80% of (or 20% less than) £100, and £40 is 80% of (or 20% less than) £50.

 

Alternately, 10% of £100 is £10; 10% of £50 is £5, so 20% of £50 is £10.

 

If all else fails, do what I do: https://www.percentage-calculator.uk/

Edited by Cryptoprocta
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5 hours ago, Taina said:

Clauses 4.1.5, 5.1, and 7.1. would mean that for a contributor it will be safe to upload only images of flowers and bugs. (Maybe also sunsets, if they don't have any property or people visible.)

 

 

I'm not so sure flowers and bugs are even safe. A couple of months ago, a magazine licensed an image of mine showing a flock of shorebirds, mainly sandpipers. In print, their caption called the birds peregrine falcons.

 

I have no idea how that error happened. My caption and keywords are accurate. I assume the publishing team screwed up, but what if there was a glitch in Alamy's database that day and the wrong metadata was exported. Who knows... 

 

But what if they made a claim against Alamy to recover the cost of reprinting that spread? Under the old contract, I'm liable only if I misrepresented the photo. Under the new, I could be called to defend Alamy at my expense. I netted only $35 for that sale. I couldn't get a lawyer to answer the phone for that amount of money.

 

And while I doubt there's going to be a warranty claim over this mistake, it's never completely out of the question. A few years ago, I licensed an image for a consumer product where it was critical that the image was of what it said it was of. I licensed the image myself and the contract explicitly passed that part of the liability to me.

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Posted (edited)
5 minutes ago, MizBrown said:

 

I've never been that good at maths.   How so?

Take £1000 gross. 50% of £1000 is £500. 40% of £1000 is £400.

400/500=0.8 which is 80% of 1. Hence, a reduction of 20%.

EDIT: Crypto was quicker. And with appropriately smaller amounts🙁

Edited by spacecadet
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Just now, BidC said:

 

Its the legalities (and what they mean as far as I'm concerned) that I'm trying to digest to be honest. 

 

Basically, it looks like if Alamy goes to court either over something you screw up on or something anyone else in the chain screwed up on, you will be liable for Alamy's defense costs if they lose (I understand that if they win, the losing side pays court and legal costs for both sides under English law).  

 

US attorneys in the US courts can take cases based on getting a high percentage of the final financial ruling, but defendants generally have to pay their own costs, but don't have to pay court costs and legal fees if they lose (nor does the plaintiff).  You guys have fewer nuisance lawsuits than the US because losing is very costly.  

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I've spent over 60 years as a pro and now semi-pro photographer. In that long time, I've not been sued and I've never sued anyone. Twice I had a lawyer send a letter to a client, and that did the trick.

 

My father was a lawyer. He left his private practice to become a prosecutor for the DA Office in Brooklyn, NY. He worked on the Mafia Murder Inc. case and then became a US Congressman. I did not inherit any of his skills. 

 

If I leave Alamy, I leave stock and I leave photography. I have no intentions of beginning again. I will make my decision in June. 

 

Good luck, everyone.

 

Edo

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6 minutes ago, MizBrown said:

 

Basically, it looks like if Alamy goes to court either over something you screw up on or something anyone else in the chain screwed up on, you will be liable for Alamy's defense costs if they lose (I understand that if they win, the losing side pays court and legal costs for both sides under English law).  

 

US attorneys in the US courts can take cases based on getting a high percentage of the final financial ruling, but defendants generally have to pay their own costs, but don't have to pay court costs and legal fees if they lose (nor does the plaintiff).  You guys have fewer nuisance lawsuits than the US because losing is very costly.  

 

Thank you for explaining the differences

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On 18/05/2021 at 16:32, villalobos said:

The announcement of the new contributor contract on Twitter includes some responses from the Alamy Content Team to a few questions made by some users.  Nothing terribly enlightening, but they are a bit more engaged on that platform than on this forum.

More engaged on Twitter than on this platform with their actual contributors. Ha. Tells the whole story right there, doesn't it?

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6 minutes ago, Ed Rooney said:

I've spent over 60 years as a pro and now semi-pro photographer. In that long time, I've not been sued and I've never sued anyone. Twice I had a lawyer send a letter to a client, and that did the trick.

 

My father was a lawyer. He left his private practice to become a prosecutor for the DA Office in Brooklyn, NY. He worked on the Mafia Murder Inc. case and then became a US Congressman. I did not inherit any of his skills. 

 

If I leave Alamy, I leave stock and I leave photography. I have no intentions of beginning again. I will make my decision in June. 

 

Good luck, everyone.

 

Edo

 

That would be very sad ... (though with only a mere fraction of those years behind me in a serous sense, I have thought the same myself ..). 

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24 minutes ago, spacecadet said:

Getting 40% instead of 50% is actually a 20% reduction.

I rather doubt the MD is suffering a 20% cut in salary on July 1st.

They were looking for an assistant news editor in April for short term contract.  Apparently, SA/Alamy wants to expand the news side.

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Posted (edited)
6 minutes ago, Bill Brooks said:

Some wishful thinking around responsibility in this thread. In the end you may not be responsible, but any fool can sue. I think this contract says if a lawsuite happens for any reason, the photographer has to bear the legal burden.

 

I know of a wrong caption, many years ago before Alamy was even conceived, that caused an $80,000 shredding and reprint job.

 

Sensitive use. A nice family portrait used to illustrate an article on incest. A photograph of a group of college students in front of an identifiable college building for a story on professors demanding sex for grades. This is an internet age folks, where everyone is a publisher.

 

Any client with a credit card can can obtain your image, no questions asked, from Alamy. It doesn't matter how you designate the image. RM or RF, only editorial, release or no release, counts for almost nothing in a legal sense. So be careful with your trust

But if the story is offensive, using the "illustration" with no story related with the subject written on an article it means that the story  is the problem, no the illustration "photography" right? 

Edited by Vitor from Portugal
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7 hours ago, Colblimp said:

Ooh, Allan dressed in a skimpy outfit.  I'd pay to see that! 🤣

 

You would want your money back.🙄

 

Allan

 

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3 hours ago, geogphotos said:

Last week I reported an infringement to one of the subscription services and the same day was informed of a payment of £250 coming to me

 

That is truly extraordinary. My experience is that Pixsy etc. will only tackle especially lucrative, easy-to-win cases, in 'safe' territories. I am perfectly capable of handling those myself.

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Just got a quote for profession indemnity insurance for £1,000,000 cover but with no legal fees covered which came out at £87.

 

With £1,000,000 cover and up to £100,000 legal fees the quote came out at £160.

 

Think I might take them up on the offer for peace of mind

 

John.

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34 minutes ago, MizBrown said:

They were looking for an assistant news editor in April for short term contract.  Apparently, SA/Alamy wants to expand the news side.


I saw that too, first in the Press Gazette, then the same with Alamy. From what I remember of the applicants role, they would have a tough time now the s••t has hit the fan.

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