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Purchase date and payment date and new contract. (Not wanting to start a discussion, just a simple question...in case moderator is unhappy)


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Posted (edited)

Simple question, starters for 10, open to anyone. (And yes it may have been mentioned and i missed the answer somewhere)

 

Newspaper buys a picture on 16th July at the agreed price of $100. That is the date of their contract with Alamy to purchase and pay).

 

They pay for the picture on 16th August after having used it on the 17th July.

 

Do I get 50% based on the date they actually purchased the picture, or do I get 40% based on the date they actually paid their invoice?

 

Like I said sorry if this has been answered elsewhere.

 

Thank you

 

 

 

 

 

 

Edited by yokochanie
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  • yokochanie changed the title to Purchase date and payment date and new contract. (Not wanting to start a discussion, just a simple question...in case moderator is unhappy)
Posted (edited)

it has been discussed but never addressed.   Sale date is not a defined term in the contract.  this is possibly an issue for those buyers who don't have an arm length relationship with Alamy

Edited by meanderingemu
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Since the commission is calculated on the date the sale appears in your sales report, the date the sale is invoiced, I am working onthe basis that this will be the date governing the commission percentage. In other words, any sale invoiced on July 24th or later will produce a 40% share for the contributor (in most cases).

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Indeed as Joseph has said, Alamy have confirmed to me that the percentage applies when the sale is invoiced. Even though I know that one of my photos was used as a book cover and the book was published in May, unless they report its use before July 24th, I’ll only get 40%. Same for live news uses that appear now up to July 24th but are not reported until the end of this month….or months later. Not happy.

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41 minutes ago, Joseph Clemson said:

Since the commission is calculated on the date the sale appears in your sales report, the date the sale is invoiced, I am working onthe basis that this will be the date governing the commission percentage. In other words, any sale invoiced on July 24th or later will produce a 40% share for the contributor (in most cases).

 

 

that is likely how it will be processed, however i am not convinced the contract as it is written makes it clear that this is correct interpretation, but as I have stated before I am not a contract lawyer. 

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This brings up the question (again) of when does an image appear in your sales history. I have about 6 images which have been published in 2022 calendars. They have been for sale to the public for about two months (they are available in my local garden centre) and I still have no sale record. This isn’t about payment, it’s about the actual sales record.

 

This happened last year as well. Images were published but the sale was not credited for months. The payment occured several months later.

 

So the commission is going to be subject to the new contract.

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Just to throw another scenario in here....🤔

 

Image sold/reported before 24th July, then refunded and resold after 24th July...

Will the original 50% still be honoured?

 

Phil

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I have just had two sales both for $13.40 and the invoice date is 8th July 2021.

 

Both these show in the "Balance of account" as $6.70 to Alamy so I get $6.70 each too. ie 50%

 

As that shows in the account that is what I expect to receive even if it is not paid till 25th July.

 

Allan

 

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29 minutes ago, Allan Bell said:

I have just had two sales both for $13.40 and the invoice date is 8th July 2021.

 

Both these show in the "Balance of account" as $6.70 to Alamy so I get $6.70 each too. ie 50%

 

As that shows in the account that is what I expect to receive even if it is not paid till 25th July.

 

Allan

 

It's not date of payment that's important,(although that is too for other reasons!). 

But date of reporting the sale that determines which contract applies(In my understanding).

Phil

 

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Just now, Phil Crean said:

It's not date of payment that's important,(although that is too for other reasons!). 

But date of reporting the sale that determines which contract applies(In my understanding).

Phil

 

 

Agreed. The date of reporting, what I referred to in my earlier post as the invoicing date.

 

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1 minute ago, Phil Crean said:

It's not date of payment that's important,(although that is too for other reasons!). 

But date of reporting the sale that determines which contract applies(In my understanding).

Phil

 

 

Date of reporting is as 8th July 2021

 

Allan

 

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I'm awaiting a newspaper pic use from a couple of months ago. It's clearly within Alamy's best interest to invoice these after the new contract comes into play, so I suspect I'll only be getting 40% even though it was published in a national newspaper during the old contract.

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28 minutes ago, Phil Crean said:

It's not date of payment that's important,(although that is too for other reasons!). 

But date of reporting the sale that determines which contract applies(In my understanding).

Phil

 

first part is correct however to be precise which contract Alamy deems to apply for the second.  

 

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23 minutes ago, RyanU said:

I'm awaiting a newspaper pic use from a couple of months ago. It's clearly within Alamy's best interest to invoice these after the new contract comes into play, so I suspect I'll only be getting 40% even though it was published in a national newspaper during the old contract.

 

in fairness to Alamy for most of these Cases the invoicing is done when the client actually reports it themselves, so Alamy has little control beyond chasing.  but again, the non arms-length relationship of many of these should be taken into consideration. this is not a legal opinion, just stating facts. 

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