Contract Change 2021 - Official thread

[Allan Bell]

7 minutes ago, CAROL SAUNDERS said:

Allan I would be sad if you left the forum.  You were very helpful to me a few years ago helping me spend my money on a Sony RX100 so I need to buy you a drink for that.  Also you have some good images in your port though I do understand your concerns of course....  20% per image really sucks and I do think the tier system is grossly unfair but you never know you could sell a lot of images in a short space of time and rise above the crazy tier system.  I'm trying to be optimistic 😏  So many companies changing their system lately, i.e., Ebay - I think I am allowed to mention them - have just changed their paying out system from Paypal to payments going straight into your bank two days later.  With PayPal it was of course immediate.  Nothing to do with Alamy of course, it just another nuisance....

 

Carol

 

Thank you for your kind comments Carol. I have always tried to be helpful it is my nature. You do not owe me anything it was a pleasure to help.

 

I have always tried to be light hearted too (which seems to have failed or backfired at times) but I think generally has helped things along.

 

Allan

 

I would be sad too to leave the forum but if I resign I doubt I would be allowed to remain.

 

ITMA

 

Edited May 25, 2021 by Allan Bell

[ReeRay]

Just now, Allan Bell said:

 

Thank you for your kind comments Carol. I have always tried to be helpful it is my nature. You do not owe me anything it was a pleasure to help.

 

I have always tried to be light hearted too (which seems to have failed or backfired at times) but I think generally has helped things along.

 

Allan

 

How about cancelling out as you want, create a new account and re-apply with 3 "innocent" images, leave your port at that, and you have forum access again!

 

Just a thought.

[meanderingemu]

7 minutes ago, ReeRay said:

How about cancelling out as you want, create a new account and re-apply with 3 "innocent" images, leave your port at that, and you have forum access again!

 

Just a thought.

 

 

take note of section 20.7

 

1. Where this Contract is terminated for any reason, you may not enter into a new contract with Alamy without first obtaining written authorisation from Alamy prior to doing so. Failure to adhere to this clause will result in immediate termination of any new contract.

 

 

(this is not a new clause)

Edited May 25, 2021 by meanderingemu

[Allan Bell]

1 minute ago, ReeRay said:

How about cancelling out as you want, create a new account and re-apply with 3 "innocent" images, leave your port at that, and you have forum access again!

 

Just a thought.

 

It is an idea. The trouble is I would be spending even more time on the forum than I do now. At the moment I need to break off so I can get out to take photos to process to put up with PA/Alamy.😆

Worth thinking about though and I could limit my time to say 7 hours a day with the rest to do other things.😳

 

Allan

 

[ReeRay]

Just now, meanderingemu said:

 

 

take note of section 20.7

 

1. Where this Contract is terminated for any reason, you may not enter into a new contract with Alamy without first obtaining written authorisation from Alamy prior to doing so. Failure to adhere to this clause will result in immediate termination of any new contract.

 

 

(this is not a new clause)

Aargh well, just a thought 😀

[Allan Bell]

meanderingemu got in just before I posted.

 

Allan

 

WHEEeeeee!  I have just started page 72.

 

ITMA

 

Edited May 25, 2021 by Allan Bell

[BobD]

You could always leave 3 images of your current port. with 'not for sale' as the keywords and description.

[MDM]

48 minutes ago, Allan Bell said:

 

Thanks for that Mick.

 

Allan

 

 

I have to head out to Boston one of these weeks if you fancy driving down that far for a chat Allan. I'll email you and arrange something if you like. I've been waiting for an improvement in the weather which has remained dire for May but it is looking a lot better for the coming week.

[Allan Bell]

1 minute ago, MDM said:

 

I have to head out to Boston one of these weeks if you fancy driving down that far for a chat Allan. I'll email you and arrange something if you like. I've been waiting for an improvement in the weather which has remained dire for May but it is looking a lot better for the coming week.

 

Thanks Mick. Yes please it would be nice to have a meet up at Boston.

 

Allan

 

[Allan Bell]

4 minutes ago, BobD said:

You could always leave 3 images of your current port. with 'not for sale' as the keywords and description.

 

Another brilliant idea. Where do you all get these ideas from?

 

Allan

 

[ReeRay]

8 minutes ago, BobD said:

You could always leave 3 images of your current port. with 'not for sale' as the keywords and description.

But then you're accepting the new contract and exposing yourself (potentially) to future legals from previous sales irrespective of their deletion- as I read it.

[BobD]

1 minute ago, ReeRay said:

But then you're accepting the new contract and exposing yourself (potentially) to future legals from previous sales irrespective of their deletion- as I read it.

You could have 3 images of flowers, unlikely to be sued over if found at all with the suggested keywording. It is only a suggestion to be able to remain on the forum. 

[MDM]

11 minutes ago, Allan Bell said:

 

Thanks Mick. Yes please it would be nice to have a meet up at Boston.

 

Allan

 

 

OK I'll be in touch Allan.

[ReeRay]

Just now, BobD said:

You could have 3 images of flowers, unlikely to be sued over if found at all with the suggested keywording. It is only a suggestion to be able to remain on the forum. 

 

3 minutes ago, BobD said:

You could have 3 images of flowers, unlikely to be sued over if found at all with the suggested keywording. It is only a suggestion to be able to remain on the forum. 

Bob, Check the contract, if you stay in you are solely responsible for any future "problems" from past or present sales !

[Hodderauthor]

5 hours ago, Sally said:

Oh well, it’s easy enough to change everything to editorial only using Alamy Lightroom Bridge. Then, if I can be bothered change individual photos back.

But under this new contract, I'm not sure that's enough. Clause 4.1.5 gives Alamy the right to exploit any licence they see fit, effectively, which suggests they won't follow photographer-set restrictions such as Editorial Use Only. Indeed, if you go onto Alamy and select an image you've labelled as "Editorial Use Only" you'll see that Alamy put a banner above the prices saying "Available for Editorial and personal Use Only. Get in touch for commercial uses." To which I want to say, "Er, no! It's editorial use only!"

 

If Alamy can't be trusted to respect photographer-set restrictions, then it's not safe for me to continue with them (especially, if we're liable for everyone else's mistakes).

 

[Gina Kelly]

Has there been any response from @Alamy about these liability concerns, or have they said when they will do so? 

[Cryptoprocta]

Maybe we should have a rest to gather our strength until we see if they're able to write an acceptable new contract.

(not holding my breath - it's worrying that they don't put enough effort into the first draft to have it be legal and unambiguous - they couldn't even get one out of two. :-()

We'll likely need all our energy to mull over the new clauses when they come.

[Cryptoprocta]

1 minute ago, Gina Kelly said:

Has there been any response from @Alamy about these liability concerns, or have they said when they will do so? 

https://discussion.alamy.com/topic/14386-contract-change-2021-official-thread/?do=findComment&comment=288399

 

[Gina Kelly]

Just now, Cryptoprocta said:

https://discussion.alamy.com/topic/14386-contract-change-2021-official-thread/?do=findComment&comment=288399

 

 

OK,  I missed that, so much to try to follow here lately! Thanks for the link!!

[Mr Standfast]

As I wrote in Josephs where now thread..

 

As mentioned, I was contacting Indemnity providers try to get cover.

 

So far two companies have replied. Ripe and Directline. Both have discussed 5.1 with their underwriters who have declined to cover the clause.

 

I am awaiting a third reply.

[meanderingemu]

1 minute ago, Mr Standfast said:

As I wrote in Josephs where now thread..

 

As mentioned, I was contacting Indemnity providers try to get cover.

 

So far two companies have replied. Ripe and Directline. Both have discussed 5.1 with their underwriters who have declined to cover the clause.

 

I am awaiting a third reply.

 

 

making sure @Alamydoesn't miss this piece of Vital information.

 

Just WOW!

[Cryptoprocta]

4 minutes ago, Mr Standfast said:

As I wrote in Josephs where now thread..

 

As mentioned, I was contacting Indemnity providers try to get cover.

 

So far two companies have replied. Ripe and Directline. Both have discussed 5.1 with their underwriters who have declined to cover the clause.

 

I am awaiting a third reply.

Good grief.

Says it all.

[MizBrown]

44 minutes ago, Hodderauthor said:

But under this new contract, I'm not sure that's enough. Clause 4.1.5 gives Alamy the right to exploit any licence they see fit, effectively, which suggests they won't follow photographer-set restrictions such as Editorial Use Only. Indeed, if you go onto Alamy and select an image you've labelled as "Editorial Use Only" you'll see that Alamy put a banner above the prices saying "Available for Editorial and personal Use Only. Get in touch for commercial uses." To which I want to say, "Er, no! It's editorial use only!"

 

If Alamy can't be trusted to respect photographer-set restrictions, then it's not safe for me to continue with them (especially, if we're liable for everyone else's mistakes).

 

 

I suspect those of us who live in other countries, especially the EU, are, as another poster pointed out, are judgment proof, but that would probably have PA/Alamy simply fire them.   But those people could have problems if EU citizens or residents of their respective countries sued them. 

 

[Sultanpepa]

2 hours ago, ReeRay said:

Like others have commented on, it's not so much the commission reduction but the onerous terms and clauses that potentially "throw us under the bus".

 

I can't risk losing my home via lawyers fees and unless Alamy puts my mind at ease in their promised response I will have no option but to bow out. Sad and angry after 13 years of effort, now looking likely to go down the drain.

 

Lots of folk may not bother about the commission increase and decide to stay with Alamy providing the contract clauses are fixed but that's not my thoughts on it. There is actually no point in staying for less that half. For news you may be in a better position but for stock you're loosing money and you'll lose more in the future. On principle alone I'd find a 20% decrease in revenue hard to swallow. Without photographers Alamy/PA have no business.

[John Mitchell]

45 minutes ago, MizBrown said:

 

I suspect those of us who live in other countries, especially the EU, are, as another poster pointed out, are judgment proof, but that would probably have PA/Alamy simply fire them.   But those people could have problems if EU citizens or residents of their respective countries sued them. 

 

 

Can you expand a bit on "judgement proof" -- I'm not sure what you're saying.

 

Also, what do you mean by "fire them" -- fire who?

 

Sorry, I'm a dumb bunny when it comes to this stuff.