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Important Update - Alamy Contributor Contract


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The Alamy contributor contract has been updated and we’re writing to give you notice of these changes.

The new contract is here and the key changes are listed here. The changes will come into effect on 23rd June 2023.

Most of the changes are small tweaks to general wording, but there are three key changes we’d like to highlight, with the full text to these available in the links above.

 

  • In relation to Clause 2.10: As with the current Contract, if your Content is marked as Exclusive you give Alamy the right to chase third party infringements of the Content without Alamy having to consult you. However, if the Content has been found to be licensed through another licensing platform (and the Content is therefore not Exclusive to Alamy), Alamy will recoup any fees incurred in relation to the pursuit of any action taken, including legal admin fees. This does not include any sales you make directly to a customer via any personal photography service.
  • In relation to Clauses 9.1 and 9.3: If you are opted in to Novel use, your images can be licensed to customers for Machine Learning purposes and when applicable, you will be entitled to payment for any Content licensed for these licenses. We have extended the Novel Use opt-out period to coincide with the notice period of the contract change should you wish for your images to not be included in the Novel Use scheme under this new contract.
  • In relation to Clause 16.8: Where Alamy reasonably believes Content on a third-party website has been sourced from Alamy without a license, you grant Alamy the right to pursue any suspected or actual infringements of copyright of the Content without the need to notify you in advance.

 

Many Thanks,

Louise (Contributor Relations) 

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    So if my understanding is correct it would seem that you have gone back on the promise made in reaction to the previous furore over commission changes to pay 50% for exclusive images (unless you are a platinum member).

    Since you are also saying you will recoup fees from me should you chase an infringement that is not proven, perhaps you could explain why as an Alamy gold member I would list any image as exclusive since I get no benefit, and potentially leave myself open to you charging me?

     

    This is poor form James, going back on your previous promise.

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    1 hour ago, Alamy said:

    but there are three key changes we’d like to highlight

     

    Thanks for confirming the principal changes of interest Louise.

     

    54 minutes ago, Dave C said:

    previous furore over commission changes to pay 50% for exclusive images (unless you are a platinum member).

     

    Not quite sure what you are referencing here Dave. My understanding was that the 50% only applied to platinum members. No bonus for exclusive images apart from Alamy chasing infringements. I may not have seen the thread you were referring to though.

     

     

     

    On a side note, just opted out of novel use - not keen on my images all potentially being used for AI training with no payment.

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    I've also opted out of NU.

     

    I've been willing to give the benefit of the doubt in the past but I don't understand all this AI business and to be frank there is little point to NU unless there is volume and there isn't. 

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    Though it doesn't affect me in a practical sense there is the situation where an Alamy contributor can't contact a customer without Alamy's permission. But Alamy can contact a contributor's customer without having to ask first.

     

    Why not first of all contact the contributor to find out if there is a direct licence in place?

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    2 hours ago, Alamy said:

     

    • In relation to Clause 2.10: As with the current Contract, if your Content is marked as Exclusive you give Alamy the right to chase third party infringements of the Content without Alamy having to consult you. However, if the Content has been found to be licensed through another licensing platform (and the Content is therefore not Exclusive to Alamy), Alamy will recoup any fees incurred in relation to the pursuit of any action taken, including legal admin fees. This does not include any sales you make directly to a customer via any personal photography service.
    • In relation to Clause 16.8: Where Alamy reasonably believes Content on a third-party website has been sourced from Alamy without a license, you grant Alamy the right to pursue any suspected or actual infringements of copyright of the Content without the need to notify you in advance.

    Someone help me to understand points 1 and 3 which appear to contradict each other. If I mark all of my images as non-exclusive then it appears that the 3rd point allows Alamy to chase potential infringements anyway without asking me first. How does this sit with us using other infringement services such as Pixsy or Copytrack who may also be chasing the same use?

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    There doesn’t seem any point to being exclusive unless you are a platinum tier contributor, as there now could be a financial downside for being exclusive if you make an honest mistake. I’m going to check on my NU status and if in will opt out.

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    4 minutes ago, Sally said:

    Someone help me to understand points 1 and 3 which appear to contradict each other. If I mark all of my images as non-exclusive then it appears that the 3rd point allows Alamy to chase potential infringements anyway without asking me first. How does this sit with us using other infringement services such as Pixsy or Copytrack who may also be chasing the same use?

     

     

    I think it is referring to situations where the image has an Alamy watermark or an Alamy credit. 

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    32 minutes ago, spacecadet said:

    Well, since I haven't had a NU sale since 2011, I might as well stay aboard for the ride.

     

    😮 

    my last was 4th May $0.35, national newspaper

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    1 hour ago, Steve F said:

     

    Thanks for confirming the principal changes of interest Louise.

     

     

    Not quite sure what you are referencing here Dave. My understanding was that the 50% only applied to platinum members. No bonus for exclusive images apart from Alamy chasing infringements. I may not have seen the thread you were referring to though.

     

     

     

    On a side note, just opted out of novel use - not keen on my images all potentially being used for AI training with no payment.

     

    Hi Steve.  See this thread here: 

     

    There was also a video on you tube (now taken down I notice), which unleashed a torrent of complaints from contributors, after which it was announced as a compromise that 50% would continue to be the commission rate for exclusive images.  It seems this is now being applied only for platinum members.

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    Just now, Dave C said:

     

    Hi Steve.  See this thread here: 

     

    There was also a video on you tube (now taken down I notice), which unleashed a torrent of complaints from contributors, after which it was announced as a compromise that 50% would continue to be the commission rate for exclusive images.  It seems this is now being applied only for platinum members.


    The 50% commission deal after the "torrent of complaints" was actually in the previous Alamy - contributors contract change a few years ago. In the last Alamy - contributors contract update in 2021 it was stated a 50% commission only for Platinum contributors. You are just somehow misled.

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    10 minutes ago, Ognyan Yosifov said:


    The 50% commission deal after the "torrent of complaints" was actually in the previous Alamy - contributors contract change a few years ago. In the last Alamy - contributors contract update in 2021 it was stated a 50% commission only for Platinum contributors. You are just somehow misled.

    Must have missed that one.  How does one find out how qualifying applies, Is the limit for gold/platinum applied on earnings or sales? 

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    @Alamy Re Clause 2.10. "if the Content has been found to be licensed through another licensing platform (and the Content is therefore not Exclusive to Alamy), Alamy will recoup any fees incurred in relation to the pursuit of any action taken, including legal admin fees."

     

    Could you please clarify exactly how this sits with images that used to be licensed on other stock sites but have since been removed and are now exclusive to Alamy.  

    Does 'exclusive to alamy' mean it has only ever been available for license through alamy or, since ticking the 'exclusive to alamy' box? 

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    26 minutes ago, Dave C said:

    Must have missed that one.  How does one find out how qualifying applies, Is the limit for gold/platinum applied on earnings or sales? 

    Deleted

    Edited by Ognyan Yosifov
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    1 hour ago, geogphotos said:

     

     

    I think it is referring to situations where the image has an Alamy watermark or an Alamy credit. 

    That would still not answer my question though.

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    Hopefully not a stupid question, but where do I opt In or Out of Novel Use and also check my current settings?

     

    Edit:  Just found it.  I was opted in for NU but after reading various posts, I a bit wary now, so have opted out.

    Edited by John Walker
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    4 hours ago, geogphotos said:

    Though it doesn't affect me in a practical sense there is the situation where an Alamy contributor can't contact a customer without Alamy's permission. But Alamy can contact a contributor's customer without having to ask first.

     

    Why not first of all contact the contributor to find out if there is a direct licence in place?

    When ever Alamy have found an infringement they have always checked with me to see if it was a direct sale.

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    4 hours ago, Ognyan Yosifov said:


    The 50% commission deal after the "torrent of complaints" was actually in the previous Alamy - contributors contract change a few years ago. In the last Alamy - contributors contract update in 2021 it was stated a 50% commission only for Platinum contributors. You are just somehow misled.

     

    I'm sure you're correct on the policy, but the confusion isn't all on our end. This is a screenshot taken directly from the Alamy Image Manager this morning (Gold account). 


    Alamy-Exclusive.jpg

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    This is a new clause. Can anybody explain what it means?

     

    4.3.2. the right to preview and have access to the Content, where Alamy offers license models through an Application Program Interface (API), File Transfer Protocol (FTP), or any other means, that will make the Content available for use by Alamy's Customers on a high-volume basis.

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    Just now, geogphotos said:

    This is a new clause. Can anybody explain what it means?

     

    4.3.2. the right to preview and have access to the Content, where Alamy offers license models through an Application Program Interface (API), File Transfer Protocol (FTP), or any other means, that will make the Content available for use by Alamy's Customers on a high-volume basis.

     

    Who has the right to preview and access to the Content?

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    6 minutes ago, Nick Hatton said:

    Could anyone tell me, if I make a direct sale to a calendar company is this counted as a personal sale? all my images are marked exclusive but I do submit to a calendar company.   

    Certainly not IMO. You would need to mark those images as non-exclusive. There's no longer any incentive to go exclusive anyway.

    As I interpret it, "Personal" means a print sale to a private individual. Alamy could easily find one of your calendar images on the publisher's website and you'd be in the doghouse with them.

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