Contract Change 2021 - Official thread

[meanderingemu]

18 minutes ago, kay said:

I've had a look on one of the larger competitor sites, and from the pics I looked at they do appear to do that.  Rightly or wrongly I'm working my way through mine now, ticking 'editorial only' on most things bar plants and animals - don't need the stress

 

 

33 minutes ago, John Mitchell said:

 

Wholeheartedly agree. We need more feedback from Alamy about the use of the "editorial box" in light of the new contract -- e.g. should we be checking the box for every image that has someone with a recognizable face in it? I haven't been doing this.

 

 

 

based on Alamy's current client base i am not as worried at this point, especially after removing distribution. 

 

 

but i will point out that even Alamy automatically puts "For Editorial Only" on all submission through Live News when they move to stock (had to remove many of them on weather and cute animals), so i do have Editorial Only on similar types of images now, but not on image of a castle where someone is secondary yet

Edited May 28, 2021 by meanderingemu

[John Mitchell]

16 minutes ago, kay said:

I've had a look on one of the larger competitor sites, and from the pics I looked at they do appear to do that.  Rightly or wrongly I'm working my way through mine now, ticking 'editorial only' on most things bar plants and animals - don't need the stress

 

Thanks for the sharing that. I'm slowly working through my images (glad I don't have a larger collection), but I've been checking "The Box" selectively up until now. Still hoping to receive more guidance from above.

[Michael Photo]

2 minutes ago, John Mitchell said:

 

Thanks for the sharing that. I'm slowly working through my images (glad I don't have a larger collection), but I've been checking "The Box" selectively up until now. Still hoping to receive more guidance from above.

If you click the "Editorial only" box (as it seems many of us now are), don't forget to check the "personal use" box below it. You have to check it separately. It doesn't automatically check when you hit the editorial box.

[John Mitchell]

2 hours ago, geogphotos said:

Just working through an edit received back from elsewhere. A fantastic, hugely experienced editor with such a great eye and who picks out the winners. They are always so friendly and supportive, always find something positive to say, and don't bother saying anything about what they don't want ( unlike a former editor in Spain who did the exact opposite 😄). No stress about releases as they are all going as editorial, if somebody wants to use them commercially that is down to them. Anything dubious I think the editor just knows to avoid by working to guidance and using experience. No worries. 

 

 

 

That editor on the Iberian Peninsula is famous for that.

 

I've had images rejected by other agencies that now do quite well on Alamy. I'm not sure that editors can always pick "winners." However, you sound happy with the results so far.

 

 

 

Edited May 28, 2021 by John Mitchell

[John Mitchell]

2 minutes ago, Michael Photo said:

If you click the "Editorial only" box (as it seems many of us now are), don't forget to check the "personal use" box below it. You have to check it separately. It doesn't automatically check when you hit the editorial box.

 

Thanks. I'm OK (sort of) with personal use for the time being. My PU sales usually look as if they could be ligit.

[Harry Harrison]

5 minutes ago, Michael Photo said:

If you click the "Editorial only" box (as it seems many of us now are), don't forget to check the "personal use" box below it. You have to check it separately. It doesn't automatically check when you hit the editorial box.

I've opted out of 'Personal Use', though Presentation Use seems to offer similar benefits for the unscrupulous. I think we'd all like to see tiered file sizes for these types of offerings.

[John Mitchell]

3 minutes ago, Harry Harrison said:

I've opted out of 'Personal Use', though Presentation Use seems to offer similar benefits for the unscrupulous. I think we'd all like to see tiered file sizes for these types of offerings.

 

I've recently done that on my own website, offered three sizes (500, 1500, and 2500 pixels) at different prices for education and personal use.

 

But we digress...

[MizBrown]

18 hours ago, Hans Muelder said:

Alamy has lost it: a leftist greedy company that is alienating its contributors. And without contributors Alamy is nothing. For the many small photographers who just occasionally sell a photo your commission drops from 50% to just 20%. That is robbery. 

 

I resigned, but I rather see their point -- lots of people are playing at being photographers and making minimal sales.  If the small photographers fill some odd ball niches, then they're a bit more useful than not.  If the occasional sales are of subjects that other people have also covered more or less as well, then the photographer doesn't bring anything unique to Alamy.

 

I think people who have portfolios with many repeat licenses should be rewarded.   I think after three years of trying, people aren't doing $250 a year/12 sales per 1,000 photos up, that's a sign that something's wrong, and if those of us who fall in that category want to stay in stock, we need to fix what's wrong.  

[meanderingemu]

38 minutes ago, MizBrown said:

 

I resigned, but I rather see their point -- lots of people are playing at being photographers and making minimal sales.  If the small photographers fill some odd ball niches, then they're a bit more useful than not.  If the occasional sales are of subjects that other people have also covered more or less as well, then the photographer doesn't bring anything unique to Alamy.

 

I think people who have portfolios with many repeat licenses should be rewarded.   I think after three years of trying, people aren't doing $250 a year/12 sales per 1,000 photos up, that's a sign that something's wrong, and if those of us who fall in that category want to stay in stock, we need to fix what's wrong.  

i think you have a point,  one problem is that 12 licenses doesn't ensure 250$ anymore, when my last 5 PUs average 37% discount from market value set by Alamy it seems the risk is one sided. 

Edited May 28, 2021 by meanderingemu

[Doc]

1 hour ago, MizBrown said:

I think people who have portfolios with many repeat licenses should be rewarded.   I think after three years of trying, people aren't doing $250 a year/12 sales per 1,000 photos up, that's a sign that something's wrong, and if those of us who fall in that category want to stay in stock, we need to fix what's wrong.  

When I first joined Alamy in 2004 there was a rule which said that if you did not make $75 in a year you were out. After a year I assumed I was out as I hadn't heard anything and mistakenly thought Alamy would tell me when I made a sale (😂) . Then I got a payment of $180 into my bank account. 🙂

 

Kumar

[John Mitchell]

46 minutes ago, meanderingemu said:

i think you have a point,  one problem is that 12 licenses doesn't ensure 250$ anymore, when my last 5 PUs average 37% discount from market value set by Alamy it seems the risk is one sided. 

 

I can see Alamy's POV as well. However, as you suggest, given today's low prices, I think that number of sales per year rather than income would be a fairer metric to use when setting thresholds. I had two low $ "tiddlers" (both images have licensed for high fees in the past) show up today. Mind you, I've also had a $200 license this month plus a couple of high $$ ones as well.

[meanderingemu]

1 minute ago, John Mitchell said:

 

I can see Alamy's POV as well. However, as you suggest, given today's low prices, I think that number of sales per year rather than income would be a fairer metric to use when setting thresholds. I had two low $ "tiddlers" (both images have licensed for high fees in the past) show up today. Mind you, I've also had a $200 license this month plus a couple of high $$ ones as well.

 

 

i think you need a mix.   Because someone with your numbers should clearly qualify, even if you didn't get the licence ordinal number.   I'll should be fine based on recent since i do seem to be getting at least one mid $$ licence per month.

 

 but i do think that someone who that demonstrates they produce material that customer want should be considered valuable by Alamy, even if they got hit by some promotional discount that Alamy offered. 

 

 

btw congrats on your nice results. 

[Harry Harrison]

2 hours ago, John Mitchell said:

But we digress...

Definitely seems logical to me, better than handing out full res files for the proverbial peanuts

[Shelly R]

I am still a bit confused about what happens to me now as a "Blue model" contributor? Does my original contract remain in effect, or will I be going from 50% commission on my exclusively Alamy images to 20% if sales continue to be slow? (With no difference in commission between Exclusive and Non-Exclusive images any longer--and regardless of Silver/Gold/Platinum level?

[MizBrown]

1 hour ago, meanderingemu said:

i think you have a point,  one problem is that 12 licenses doesn't ensure 250$ anymore, when my last 5 PUs average 37% discount from market value set by Alamy it seems the risk is one sided. 

 

One thing I know from publishing -- if the house and one's agent don't make money, they disappear.  One editor was fussy about editing some series books by a writer she disdained.  The writer went into either the publisher's office or the editor-in-chief's office and slammed his fist down and said, "I make you money.  Fire the bitch."  The editor was fired and set up as an editorial consultant.  

 

I also suspect that the recent contract was "what can we get away with."   Resisting that contract probably wasn't a surprise to PA and they're going to show us a revision.   Happened before and will happen again.

[meanderingemu]

Just now, MizBrown said:

 

 

I also suspect that the recent contract was "what can we get away with."   Resisting that contract probably wasn't a surprise to PA and they're going to show us a revision.   Happened before and will happen again.

 

 

i have a feeling they expected the resistance to be more on the commission, and the fact people took notice of the other clauses, including some that were already more or less there, may have caught them off guard, especially since these are likely from the lawyers and top brass probably didn't really focus on that part. 

[MizBrown]

9 minutes ago, Shelly R said:

I am still a bit confused about what happens to me now as a "Blue model" contributor? Does my original contract remain in effect, or will I be going from 50% commission on my exclusively Alamy images to 20% if sales continue to be slow? (With no difference in commission between Exclusive and Non-Exclusive images any longer--and regardless of Silver/Gold/Platinum level?

 

Alamy's contracts were written to be amended, and if you don't say otherwise, you'll be under the terms of the new contact on July 1st. 

[Sally]

16 minutes ago, Shelly R said:

I am still a bit confused about what happens to me now as a "Blue model" contributor? Does my original contract remain in effect, or will I be going from 50% commission on my exclusively Alamy images to 20% if sales continue to be slow? (With no difference in commission between Exclusive and Non-Exclusive images any longer--and regardless of Silver/Gold/Platinum level?

As far I understand it, whichever contract you are on, it will change to the new one, whatever the exact clauses. You will be a Gold contributor to start with, and depending on whether you hit $250 GROSS sales during 2021/2022 you will either remain on Gold at 40% commission or go down to 20% on the Silver commission rate. If at any time during 2021/2022 your gross sales hit $250, you’ll automatically go up to the Gold 40% commission rate.

 

Easy to understand n’est pas? 😗

Edited May 28, 2021 by Sally

[meanderingemu]

1 minute ago, Sally said:

As far I understand it, whichever contract you are on, it will change to the new one, whatever the exact clauses. You will be a Gold contributor to start with, and depending on whether you hit $250 GROSS sales during 2021/2022 you will either. Remain on Gold at 40% commission or go down to 20% on the Silver commission  rate.

 

just one clarification as written it is $250 of what Alamy receives from Customer for licencing of images, so this would potentially exclude:

• Distributor's commission
• DACS payment
• and maybe part/totality infringement awards depending how this new stream is developed (is an infringor a "Customer")   

 

[MizBrown]

The third issue with this contract is that the agencies and such do get to set minimum terms, and the individual contributors don't.  I feel that $3.80 for a good but not unique photo of Old Rag Mountain in the Shenandoah National Park is sort of okay (and understand that landscapes are very common), but $1.34 for a released photograph for a five year contract is a bit insulting.   Thought we would get higher payment when the photos had full releases.  Oh, well.

[Shelly R]

1 minute ago, meanderingemu said:

 

just one clarification as written it is $250 of what Alamy receives from Customer for licencing of images, so this would potentially exclude:

• Distributor's commission
• DACS payment
• and maybe part/totality infringement awards depending how this new stream is developed (is an infringor a "Customer")   

 

Yes I was just looking at the contract wording (and tagging @Sally) because it doesn't specify whether that $250 in 'your total License Fees' for that year is gross sales, what the clients were charged, or if it's my cut. (Also, so the exclusivity benefit is no more?)

 

At the end of each Revenue Year if your total License Fees for that year, net of any refunds:

1. are less than $250 then the Alamy Commission for sales of your Content in the following Revenue Year will automatically switch to Alamy Silver as outlined in the Alamy Commission Table; or
2. are greater than or equal to $250 then the Alamy Commission for sales of your Content in the following Revenue Year will remain on Alamy Gold for that year, as outlined in the Alamy Commission Table.

[Cryptoprocta]

1 minute ago, Shelly R said:

Yes I was just looking at the contract wording (and tagging @Sally) because it doesn't specify whether that $250 in 'your total License Fees' for that year is gross sales, what the clients were charged, or if it's my cut. (Also, so the exclusivity benefit is no more?)

 

At the end of each Revenue Year if your total License Fees for that year, net of any refunds:

1. are less than $250 then the Alamy Commission for sales of your Content in the following Revenue Year will automatically switch to Alamy Silver as outlined in the Alamy Commission Table; or
2. are greater than or equal to $250 then the Alamy Commission for sales of your Content in the following Revenue Year will remain on Alamy Gold for that year, as outlined in the Alamy Commission Table.

Have to agree. At the beginning I couldn't work out whether it was $250 gross or net, then noted everyone thought it was gross, but I wasn't clear why.

[Shelly R]

13 minutes ago, Sally said:

As far I understand it, whichever contract you are on, it will change to the new one, whatever the exact clauses. You will be a Gold contributor to start with, and depending on whether you hit $250 GROSS sales during 2021/2022 you will either remain on Gold at 40% commission or go down to 20% on the Silver commission rate. If at any time during 2021/2022 your gross sales hit $250, you’ll automatically go up to the Gold 40% commission rate.

 

Easy to understand n’est pas? 😗

I just tagged you in another comment -- I keep seeing contributors referring to our "gross sales" but the contract isn't clear on what's included in "your total License Fees," whether that's our commissions/cut or the gross of what client's paid before fees are deducted:

 

At the end of each Revenue Year if your total License Fees for that year, net of any refunds:

1. are less than $250 then the Alamy Commission for sales of your Content in the following Revenue Year will automatically switch to Alamy Silver as outlined in the Alamy Commission Table; or
2. are greater than or equal to $250 then the Alamy Commission for sales of your Content in the following Revenue Year will remain on Alamy Gold for that year, as outlined in the Alamy Commission Table.

[meanderingemu]

5 minutes ago, Shelly R said:

Yes I was just looking at the contract wording (and tagging @Sally) because it doesn't specify whether that $250 in 'your total License Fees' for that year is gross sales, what the clients were charged, or if it's my cut. (Also, so the exclusivity benefit is no more?)

 

At the end of each Revenue Year if your total License Fees for that year, net of any refunds:

1. are less than $250 then the Alamy Commission for sales of your Content in the following Revenue Year will automatically switch to Alamy Silver as outlined in the Alamy Commission Table; or
2. are greater than or equal to $250 then the Alamy Commission for sales of your Content in the following Revenue Year will remain on Alamy Gold for that year, as outlined in the Alamy Commission Table.

 

 

if you look at definition of Licence Fees 

 

means any sum actually received by Alamy from any Customer in respect of the license of your Content whether a single payment or a royalty paid over time.

 

So Alamy's Commission is clearly included in the Calculations (it was received by Alamy from a Customer), but there are other big question marks about the ones i highlighted, and there has been no clarifications since this was brought up 

Edited May 28, 2021 by meanderingemu

[John Mitchell]

1 hour ago, meanderingemu said:

 

 

i think you need a mix.   Because someone with your numbers should clearly qualify, even if you didn't get the licence ordinal number.   I'll should be fine based on recent since i do seem to be getting at least one mid $$ licence per month.

 

 but i do think that someone who that demonstrates they produce material that customer want should be considered valuable by Alamy, even if they got hit by some promotional discount that Alamy offered. 

 

 

btw congrats on your nice results. 

 

Merci, monsieur. At one time, all a newcomer to Alamy would need to meet a relatively small $250 annual threshold was a handful of dependable sellers. However, the situation has obviously changed for a number of reasons, not all of them under new contributors' control (e.g. falling prices). Still, anyone who makes a single mid-$$ sale or even a couple of low $$ ones every month should easily be able to turn Silver into Gold. Reaching Platinum "Pie in the Sky" is another story. Forgetaboutit. 😜

 

I like your reward idea of course, but somehow I don't think the accountants would agree. 🤑

 

 

 

 

 

Edited May 28, 2021 by John Mitchell