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Infringement email - why?


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I can't understand why we were sent an email about options regarding copyright infringement a few days before being hit by this new contract. 

 

The new contract removes any choice for exclusive images.

 

The answer from Alamy was that the email was necessary to cover the 45 days prior to the commencement of the new contract. 

 

Most infringements could easily wait 45 days once the evidence is captured. 

 

I don't understand the timing, the rationality of it.

 

Surely, you would first inform contributors about the contract and then offer an interim solution option.

 

It suggests to me that there might be some very muddled thinking and lack of clear strategy. 

 

Have I missed something?

 

Will an email be sent explaining to everyone that their choice is soon to be null and void?

Edited by geogphotos
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3 minutes ago, geogphotos said:

I can't understand why we were sent an email about options regarding copyright infringement a few days before being hit by this new contract. 

 

The new contract removes any choice for exclusive images.

 

The answer from Alamy was that the email was necessary to cover the 45 days prior to the commencement of the new contract. 

 

Most infringements could easily wait 45 days once the evidence is captured. 

 

I don't understand the timing, the rationality of it.

 

Surely, you would first inform contributors about the contract and then offer an interim solution option.

 

It suggest to me some very muddled thinking and lack of clear strategy. 

 

Worrying. 

 

 

 

but if you wait, you can't use the infringement work as a justification for finding out the some exclusive images are wrongly annotated and use that as an "explanation" for the commission cut, because you know this was all developed in last 2 weeks. 

 

 

 

note: i totally agree with you, something feels off.

Edited by meanderingemu
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6 minutes ago, geogphotos said:

Surely, you would first inform contributors about the contract and then offer an interim solution option.

 

It suggests to me that there might be some very muddled thinking and lack of clear strategy. 

 

Have I missed something?

 

Will an email be sent explaining to everyone that their choice is soon to be null and void?

I totally agree .. seems very muddled.

I really don't understand why they can't ask the contributor first .. 'have you sold this image direct to xxx or shall we chase it as an infringement?

 

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Just now, wilkopix said:

I totally agree .. seems very muddled.

I really don't understand why they can't ask the contributor first .. 'have you sold this image direct to xxx or shall we chase it as an infringement?

 

 

 

In some ways Alamy are playing from the Getty Images playbook of dark arts but there is a big difference,

 

Getty Images inform their contributors who has licensed their images. 

 

This is because Alamy do not want to let us know anything about who uses our images or who might be an infringer.  Alamy has always been a total control freak in this respect.

 

 Unfortunately Alamy turned a corner a few years ago and decided to turn on their contributors as a revenue source because it was a lot easier than building licensing revenues. 

 

Look at how they have treated DACS and now they want to muscle in on our copyrights even further.

 

And on it goes.

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I remember that when the announcement of a new team dealing with copyright infringement appeared, a lot of people were excited, they said - great, something was going on. I think that was the intention. It's like giving a little baby a sweet candy before you rip out his tonsils.

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2 minutes ago, geogphotos said:

This is because Alamy do not want to let us know anything about who uses our images or who might be an infringer.  Alamy has always been a total control freak in this respect.

 

 Unfortunately Alamy turned a corner a few years ago and decided to turn on their contributors as a revenue source because it was a lot easier than building licensing revenues. 

 

Look at how they have treated DACS and now they want to muscle in on our copyrights even further.

 

Yes, so true!

Unfortunately Alamy appear to have very little concern for their original and core contributors but are fast becoming a dumping ground for other libraries in the hope for some additional revenue.

 

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Just now, John Mitchell said:

Or simply it is another possible example of the left hand not knowing -- or keeping tabs on -- what right hand is doing.

 

But somehow expecting contributors to know what is happening and holding them responsible?

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2 minutes ago, John Mitchell said:

 

Who knows. My tiny brain is currently short-circuiting. 🥴

 

 

It's all a load of crud......very disillusioned and feel that I have been taken as a fool for close on 20 years. 

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45 minutes ago, John Morrison said:

Do I risk another forum ban? I certainly do not... 😎

 

Indeed, nobody forces you to be so rude to me except for your yourself and that has been going on for around 15 years.

 

Maybe you need some help?

 

 

Edited by geogphotos
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1 minute ago, geogphotos said:

 

Indeed, nobody forces you except your yourself and that has been going on for around 15 years.

 

Maybe you need some help?

 

 

A greenie for you. These are difficult times...

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25 minutes ago, geogphotos said:

It's all a load of crud......very disillusioned and feel that I have been taken as a fool for close on 20 years. 

Me too .. albeit only eighteen years. I know I have invested so much time and money into building up a collection of images on Alamy. The number of times I've had to go back over keywording etc because Alamy changed the format etc. Stuck with them despite several royalty cuts from 75% down to 40 or even possibly 20%.

 

It's actually pretty upsetting to realise what fools weve been to have put our trust and loyalty in Alamy for so long. Sadly it seem they are now more concerned about shareholders and bonuses and not those who helped build the Alamy 'brand' by making what they sell.

 

I think my only option now is to go non exclusive with all images asap and put them with other outlets. I'll be putting my new exclusive work elsewhere. I doub't that I will put much with them anymore.

 

I'm still extreamly concerned about the new contract and the level of liability they are putting on individuals. I'm waiting to see if the AOP or NUJ or EPUK come back with a proper legal view and the advice they give ( I have a horrible feeling that the legal adivce will be that it be prudent to leave).

 

I very much doubt that they give too hoots what we think or care less if we leave. Sad really.

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If I were living in the UK and was thinking of staying, I'd be pricing solicitors now rather than waiting.  My situation here is a lot clearer, so I've resigned Alamy. 

 

There are two ways to run something like this -- go high and survive from 1947 to the present by having a very select group and a four year trial period before full membership.  Run by photographers.  Excellence is rare.  Buyers for excellence are very picky but pay higher rates than people looking for good enough.  Or go low, but the problem with that strategy is that to go lower than everyone else and put them out of business, you need to have very deep pockets.  

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13 minutes ago, Martin L said:

 

I still can't believe a grown man ran to the mods to get somebody banned from a forum, 

 

Maybe if you had around 15 years of obsessive personal abuse from John Morrison you would understand.

 

Of course, the point you miss is that I made my complaint public so that you are able to bitch about it. 

 

I think bullies should be named.

 

Edited by geogphotos
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53 minutes ago, geogphotos said:

 

Maybe if you had around 15 years of obsessive personal abuse from John Morrison you would understand.

 

Of course, the point you miss is that I made my complaint public so that you are able to bitch about it. 

 

I think bullies should be named.

 

I am taking my philosophical guidance from the German entry to Eurovision

'I don't feel hate, I just feel sorry'

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12 hours ago, Martin L said:

 

I still can't believe a grown man ran to the mods to get somebody banned from a forum, 

 

You mean like 'big boys don't cry', 'be a man' and all that sexist twaddle?

 

At a time when 20 years of work is being undermined by Alamy the last thing I need is a human irritant out for cheap laughs. 

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I tried to send this but Alamy's email is full and it didn't reach them. 

 

Hi@ Alamy,

 
You sent an email recently asking if I wanted to be asked before the infringement team took any action. And I replied that I did want to be asked.
 
The new contract coming in July seems not to offer that option for exclusive images. If that is the case why was the email sent - any infringement can wait 45 days or so - and can you clarify what the actual situation will be?
 
I don't understand why this email was sent just immediately before being superseded by the new contract. It has just created confusion.
 
1) Do I need to change all my images to non-exclusive in order to carry on chasing infringements myself? 
 
2) I assume that with Non-Ex images I will always be asked first about Alamy pursuing infringements - is that so?
 
3) If I do make all images Non-Ex will you be allowed to continue to provide sales/download checks as you have been over the last couple of months?
 
4) What will I lose by changing to Non-exclusive since I want to handle infringements myself or at least be asked before Alamy take any action. Is there any point in having images as Exclusive?
 
Thanks
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26 minutes ago, Sally R said:

 

Following the new contract announcement I would actually prefer to be asked first, but as I understand it is an option I don't have as my images are currently exclusive. If I make them non-exclusive, it isn't clear that Alamy will pursue infringements anyway, and certainly it seems that non-exclusive images will not be given priority.

 

It may also have something to do with the method of copyright infringement enforcement that Bill Brooks mentioned in the New Contract thread. He mentioned a system that is largely automated that they could possibly use which could explain why they don't want to ask us first (or part of the reason for it). But I have no idea if this is the actual reason.

 

The problem with the current changes is there doesn't seem to be transparency as to why they are doing things. I'd like to now not just what is changing, but why and how. I'm not sure if they will provide that information.

 

 

i assume they don't want to ask to reduce chance contributor does it directly. Not sure how they can enforce banning contacting someone that is not a client of Alamy, and may have infringed from other sources.  

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On 22/05/2021 at 17:39, geogphotos said:

I can't understand why we were sent an email about options regarding copyright infringement a few days before being hit by this new contract. 

 

The new contract removes any choice for exclusive images.

 

The answer from Alamy was that the email was necessary to cover the 45 days prior to the commencement of the new contract. 

 

Most infringements could easily wait 45 days once the evidence is captured. 

 

I don't understand the timing, the rationality of it.

 

Surely, you would first inform contributors about the contract and then offer an interim solution option.

 

It suggests to me that there might be some very muddled thinking and lack of clear strategy. 

 

Have I missed something?

 

Will an email be sent explaining to everyone that their choice is soon to be null and void?

 

Hi Ian, 

 

We mentioned this in our response on Friday but the infringement email you're referring to would speed up the process for the infringements the team can pursue between April the 29th (when the email was sent) and July 1st (when the new contract comes into force).

 

This means that our infringement team will be able to work through cases much quicker in the months running up to the new contract going live. 

 

With the new contract, for images marked as exclusive to us, we will pursue potential infringements without notifying contributors first, however all initial communications will be very light and will be to enquire if a licence is already in place. If a licence is not already in place then we will determine if there is an infringement for us to claim on behalf of the contributor and Alamy.

 

If you have any other questions about how the infringment team will work, please email contributors@alamy.com. The problems that popped up with the inbox this weekend have now been fixed.

 

Cheers

 

Alamy

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Alex/Alamy

 

Could you please provide answers to the other questions I raised? It seems that  they are being ignored and I am just being told again the partial answers already given.

 

I must say that this sudden urgency to find out about claims - you can't wait 45 days - does not seem to accord with the long waiting periods I have experienced when reporting infringements to Alamy.

 

I would expect that many contributors will feel that having replied to the initial email they were being offered a choice and unless you follow up with another email will not realise the very temporary nature of that choice.

 

Sorry, but however you spin this it doesn't make sense. You should have informed contributors of the contract change and then followed up with a question about this very brief interim period.

 

I want to pursue infringements myself so how would you advise me to best achieve that?

Edited by geogphotos
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