aphperspective Posted July 20, 2021 Share Posted July 20, 2021 I have just had a licence come in with a commission split (40/30/30) that looks like a distro licence in Brazil. I have deselected Brazil among many others on my Distribution list, awaiting what Al have to say. Anybody else had this and what was the outcome. Cheers in Advance. Andy. Link to comment Share on other sites More sharing options...
Mr Standfast Posted July 20, 2021 Share Posted July 20, 2021 Have'nt seen this, but distro sales in the past have taken forever to come through. It might have been in the pipeline for months. Stay safe. Link to comment Share on other sites More sharing options...
meanderingemu Posted July 20, 2021 Share Posted July 20, 2021 21 minutes ago, aphperspective said: I have just had a licence come in with a commission split (40/30/30) that looks like a distro licence in Brazil. I have deselected Brazil among many others on my Distribution list, awaiting what Al have to say. Anybody else had this and what was the outcome. Cheers in Advance. Andy. i would be curious what section of the contract they will use to justify it. I do not see where they are allowed to licence an image for any period after you opt out of a region, and since they have stated they consider "date of sale" to be the date they report it, not when it was downloaded, this appears to not fit with your election. Link to comment Share on other sites More sharing options...
Thyrsis Posted July 20, 2021 Share Posted July 20, 2021 When did you opt out? If it was downloaded a few months ago it could already have been used before you opted out. Once it has been reported to Alamy they have no choice but to invoice it. Link to comment Share on other sites More sharing options...
aphperspective Posted July 20, 2021 Author Share Posted July 20, 2021 If my crumbly memory serves months and months ago. Just read a very small grey print on the "opt in/opt out" page. "You can add territories at any time, but you can only deselect territories in April." We shall see, updates to follow. Andy. Link to comment Share on other sites More sharing options...
aphperspective Posted July 20, 2021 Author Share Posted July 20, 2021 14 minutes ago, aphperspective said: If my crumbly memory serves months and months ago. Just read a very small grey print on the "opt in/opt out" page. "You can add territories at any time, but you can only deselect territories in April." We shall see, updates to follow. Andy. I have asked Alamy to confirm when I last updated my distribution deselect list as I can't find the dates anywhere on my own settings etc. Link to comment Share on other sites More sharing options...
meanderingemu Posted July 20, 2021 Share Posted July 20, 2021 35 minutes ago, aphperspective said: If my crumbly memory serves months and months ago. Just read a very small grey print on the "opt in/opt out" page. "You can add territories at any time, but you can only deselect territories in April." We shall see, updates to follow. Andy. When you can't unselect the option is not present. They only open it in April normally. They did however reopen the opt-out due to the contract change, and there is no note, nor contractual clause that the effect is not immediate. So if you were able to remove the blue checkmark you would be out, and any sales from that day should not be allowed, so it appears this would be an invalid licence if it is Sale dated today. Link to comment Share on other sites More sharing options...
aphperspective Posted July 20, 2021 Author Share Posted July 20, 2021 Thanks for that all I know is those countries are unselected so that would fit. I have just tried unselecting another country and you can remove the tick, also the "update" box changes to be used as well. 1 Link to comment Share on other sites More sharing options...
meanderingemu Posted July 20, 2021 Share Posted July 20, 2021 33 minutes ago, aphperspective said: Thanks for that all I know is those countries are unselected so that would fit. I have just tried unselecting another country and you can remove the tick, also the "update" box changes to be used as well. Actually this is likely a good reminder. If someone wants to opt out and haven't done yet, do it now. I assume after Friday it will not be possible again until next April. Link to comment Share on other sites More sharing options...
Dave Richards Posted July 20, 2021 Share Posted July 20, 2021 (edited) How about this? I opted out of distributor sales on 1st June. On 2nd June I received an email from Alamy to say they had been contacted by one of their distributors in UAE to say they have a distribution sale for one of my images. However, as my images are not available in this territory through the distribution scheme, the distributor had asked if I could allow them to make this one off sale? I asked how much the sale would be worth to me but received no reply. I thought nothing more of it but was a bit surprised to see the sale come through a couple of days ago. Have asked Alamy to explain. Edited July 20, 2021 by Dave Richards changed text Link to comment Share on other sites More sharing options...
Thyrsis Posted July 20, 2021 Share Posted July 20, 2021 Looking back through my emails I queried a sale to Slovenia several months after we had opted out. In Sept 2019 Alamy said ‘We’ve passed this over to our distribution team to look into and we’ll let you know when we have further information.’ I don’t think I have had a reply yet….. Link to comment Share on other sites More sharing options...
aphperspective Posted July 20, 2021 Author Share Posted July 20, 2021 I have a sneaking suspicion that this deselect thing is going to be something Alamy just pay lip service to. If a licence is contested by a contributor they just let the emails gather dust untill the annoying person goes away.🤬 Link to comment Share on other sites More sharing options...
meanderingemu Posted July 20, 2021 Share Posted July 20, 2021 if the licence was done, and Alamy claims it can not be reverse, they shouldn't charge you 70% commission, since the contract only allows such commission if you are part of the scheme, and you are not at TIME OF Sale, which Alamy defines as "date transaction is reported". Alamy should only charge 50%/60% Exclusive/Non-exclusive as per the contract. The contract clearly states that this is the commission. Link to comment Share on other sites More sharing options...
aphperspective Posted July 21, 2021 Author Share Posted July 21, 2021 Received today. "Following on from your previous email, the licence for P6BRWT was made through our distribution scheme, and the image was originally downloaded in February this year. I will check with our IT team what date you opted out of Brazil for distribution." The sage continues. Andy. Link to comment Share on other sites More sharing options...
meanderingemu Posted July 21, 2021 Share Posted July 21, 2021 4 hours ago, aphperspective said: Received today. "Following on from your previous email, the licence for P6BRWT was made through our distribution scheme, and the image was originally downloaded in February this year. I will check with our IT team what date you opted out of Brazil for distribution." The sage continues. Andy. So now we have an Alamy representative stating the the Download date is the date of sales, this is interesting and noted for future (not that future) references. Sorry Alamy but it can't be both ways Link to comment Share on other sites More sharing options...
aphperspective Posted July 23, 2021 Author Share Posted July 23, 2021 Just had this reply, it would appear my memory was out by a month. "We’ve checked and you opted into some countries in May, however you would have only been able to opt out of Brazil in April. Because the image was downloaded before you made the change, we have to honour the sale. I can confirm that you are opted out of that territory, so no new customer can download your images in Brazil." Andy. Link to comment Share on other sites More sharing options...
meanderingemu Posted July 23, 2021 Share Posted July 23, 2021 (edited) 26 minutes ago, aphperspective said: Just had this reply, it would appear my memory was out by a month. "We’ve checked and you opted into some countries in May, however you would have only been able to opt out of Brazil in April. Because the image was downloaded before you made the change, we have to honour the sale. I can confirm that you are opted out of that territory, so no new customer can download your images in Brazil." Andy. so they confirmed that this is a February sale, not a July sale? (keep this information for your record, may be useful next week, Alamy WILL back date sales) also the opt out info is wrong, They reopened op out due to the contract change, you were able to opt out in May. Edited July 23, 2021 by meanderingemu Link to comment Share on other sites More sharing options...
aphperspective Posted July 23, 2021 Author Share Posted July 23, 2021 Thanks I have a "I may need it one day folder" Just in case. Andy. Link to comment Share on other sites More sharing options...
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