Deleted image sold by Alamy

[Gorilla Dave]

I've been removing images since the contract changes.

 

Today I'm disappointed to see an image that was marked for deletion in November 2021 and marked as deleted on 5th May, was sold on 10th May.

 

Has anyone else had this kind of experience ?

 

GD

[DJ Myford]

In the past Alamy have said that if a customer saves an image to a lightbox, they will be allowed to license it even if the image is subsequently deleted. I presume that is still the case.

[Celluloid Hero]

So if you delete an image in good faith because you find out it breaches some law, Alamy can still sell it? Interesting.

[Gorilla Dave]

...and I've had lighboxes I created two or three years ago in the past;  

It dosn't sound right that an image can go through the normal sale process even though it has been marked as deleted, possibly years ago.

[meanderingemu]

1 hour ago, Celluloid Hero said:

So if you delete an image in good faith because you find out it breaches some law, Alamy can still sell it? Interesting.

 

I assume since in those circumstances you contact Alamy immediately upon deletion (section 2.4 of agreement) they have a specific handling.  

[meanderingemu]

2 hours ago, Gorilla Dave said:

I've been removing images since the contract changes.

 

Today I'm disappointed to see an image that was marked for deletion in November 2021 and marked as deleted on 5th May, was sold on 10th May.

 

Has anyone else had this kind of experience ?

 

GD

 

Deletion mainly removes from searches.    As per Section 3 of the Agreement:

 

 

3.1 If an item of Content is deleted, whether by you or by Alamy, any Licences granted prior to the date of deletion will remain in full force and effect. Alamy may continue to grant Licences for:

1. Content relating to a specific use that has been downloaded by a Customer or potential Customer for such specific use prior to the date of deletion, provided always that Alamy will only be permitted to grant Licences in accordance with this clause 3.1.1 for a period of two (2) years following the date of deletion;
2. Content relating to a specific use in respect of which Alamy had entered into negotiations with a Customer or a potential Customer or Distributor prior to the date of deletion, provided always that Alamy will only be permitted to grant Licences in accordance with this clause 3.1.2 for a period of two (2) years following the date of deletion; or
3. Content that is being re-used in accordance with clause 6.5.

 

 

 

[Gorilla Dave]

The two year clause is a bit of a shite really.

Any images I delete from Alamy – I have to wait two years BEFORE I can offer them as exclusive anywhere else.

So really, we ought to be given two years forward notice of any changes to our contract, so we can take the appropriate action to remove stuff that we don’t want to supply under a changed contract.

 

[meanderingemu]

19 minutes ago, Gorilla Dave said:

The two year clause is a bit of a shite really.

Any images I delete from Alamy – I have to wait two years BEFORE I can offer them as exclusive anywhere else.

So really, we ought to be given two years forward notice of any changes to our contract, so we can take the appropriate action to remove stuff that we don’t want to supply under a changed contract.

 

 

 

in fairness the 2 years seems to have been introduced 30th March 2015, and was more restrictive than the prior agreement, which didn't seem to have a time limit. (before my time, so i accepted the 2 years when i joined)

 

 

as for "appropriate action to remove stuff that we don’t want to supply under a changed contract." pretty sure Alamy has stated that not accepting changes to the contract Does this.