Avpics Posted August 17, 2023 Share Posted August 17, 2023 Dashboard now states Quote A new contributor contract comes into force from October 1st, 2023 1 Link to comment Share on other sites More sharing options...
geogphotos Posted August 17, 2023 Share Posted August 17, 2023 1 hour ago, Avpics said: Dashboard now states Oh no not again............ Link to comment Share on other sites More sharing options...
Nodvandigtid Posted August 17, 2023 Share Posted August 17, 2023 yes and nothing out from Alamy that I can see. Perhaps Alamy would care to provide an update and on a new thread for obvious reasons. As Ian said "Oh no not again..." Link to comment Share on other sites More sharing options...
Tony ALS Posted August 17, 2023 Share Posted August 17, 2023 (edited) Would be good to have the changes highlighted by Alamy so that we know what they are without having to read the whole contract or have I missed this? Found the record of contract changes. The legalise leaves me cold but it looks like tweaks again with more onus on us to get things right as usual. Edited August 17, 2023 by Tony ALS Added content Link to comment Share on other sites More sharing options...
KateR Posted August 17, 2023 Share Posted August 17, 2023 (edited) On 09/05/2023 at 19:52, M.Chapman said: It appears Alamy are trying to broaden their definition of exclusive. In the past it has been stated that "Exclusive to Alamy" means that the image is currently only available for licensing via Alamy. But now Alamy are effectively saying don't mark in image as Exclusive to Alamy unless the image is only currently available for licensing via Alamy and has never been available for licensing elsewhere previously. It's not a problem for me so I'll probably leave my Alamy exclusive images as exclusive because the infringement revenue (from images where Alamy has found the infringements) is starting to become significant (assuming the invoices they have raised actually clear!) Mark This is absolutely a problem for me, because quite a few of my images have previously been available and sold through other agencies. I don't want to spend my entire afternoon marking individual images as non exclusive, is there somewhere i can email to have Alamy do this on a blanket basis? I've had a look in the normal contact us / help places and all the email addresses look like they pertain to customers rather than contributors! ETA: - ignore, i think i've found a way to blanket select all the exclusive content and change it in one go. Will have to see if it updates correctly! Edited August 17, 2023 by KateR further information Link to comment Share on other sites More sharing options...
geogphotos Posted August 17, 2023 Share Posted August 17, 2023 14 minutes ago, KateR said: This is absolutely a problem for me, because quite a few of my images have previously been available and sold through other agencies. I don't want to spend my entire afternoon marking individual images as non exclusive, is there somewhere i can email to have Alamy do this on a blanket basis? I've had a look in the normal contact us / help places and all the email addresses look like they pertain to customers rather than contributors! ETA: - ignore, i think i've found a way to blanket select all the exclusive content and change it in one go. Will have to see if it updates correctly! Yes, you can change 500 at a time. Link to comment Share on other sites More sharing options...
Kay Posted August 17, 2023 Share Posted August 17, 2023 45 minutes ago, KateR said: This is absolutely a problem for me, because quite a few of my images have previously been available and sold through other agencies. I don't want to spend my entire afternoon marking individual images as non exclusive, is there somewhere i can email to have Alamy do this on a blanket basis? I've had a look in the normal contact us / help places and all the email addresses look like they pertain to customers rather than contributors! ETA: - ignore, i think i've found a way to blanket select all the exclusive content and change it in one go. Will have to see if it updates correctly! I wouldn't rush to do this without checking with alamy first - infringement payments can be quite substantial. Unless something has very recently changed my understanding is that ticking the exclusive box means that the image isn't available for license anywhere else at the moment - rather than at any time in the past. I had an email from the infringements team only a couple of weeks ago asking me to confirm whether or not an image they were chasing as a possible infringement was available for license on a microstock site 4 years ago. I confirmed it was (but has been exclusive to alamy for a few years now) and they seemed perfectly happy with that. It would be helpful for everyone I think if @Alamy could confirm this is indeed the case Link to comment Share on other sites More sharing options...
Ognyan Yosifov Posted August 17, 2023 Share Posted August 17, 2023 (edited) 2 hours ago, Kay said: I wouldn't rush to do this without checking with alamy first - infringement payments can be quite substantial. Unless something has very recently changed my understanding is that ticking the exclusive box means that the image isn't available for license anywhere else at the moment - rather than at any time in the past. I had an email from the infringements team only a couple of weeks ago asking me to confirm whether or not an image they were chasing as a possible infringement was available for license on a microstock site 4 years ago. I confirmed it was (but has been exclusive to alamy for a few years now) and they seemed perfectly happy with that. It would be helpful for everyone I think if @Alamy could confirm this is indeed the case I think it is explained in the amendment 2.10 16.7 or am I mistaken? Edited August 17, 2023 by Ognyan Yosifov Link to comment Share on other sites More sharing options...
M.Chapman Posted August 17, 2023 Share Posted August 17, 2023 1 hour ago, Kay said: I wouldn't rush to do this without checking with alamy first - infringement payments can be quite substantial. Unless something has very recently changed my understanding is that ticking the exclusive box means that the image isn't available for license anywhere else at the moment - rather than at any time in the past. I had an email from the infringements team only a couple of weeks ago asking me to confirm whether or not an image they were chasing as a possible infringement was available for license on a microstock site 4 years ago. I confirmed it was (but has been exclusive to alamy for a few years now) and they seemed perfectly happy with that. It would be helpful for everyone I think if @Alamy could confirm this is indeed the case See my earlier post?? Mark Link to comment Share on other sites More sharing options...
Kay Posted August 17, 2023 Share Posted August 17, 2023 16 minutes ago, M.Chapman said: See my earlier post?? Mark Thanks for this Mark. Seems as I was having a proper senior moment as I commented on it and asked alamy for clarification on May 9 🙈 I can't see that it ever was clarified though . . . Link to comment Share on other sites More sharing options...
Kay Posted August 18, 2023 Share Posted August 18, 2023 18 hours ago, M.Chapman said: See my earlier post?? Mark I emailed alamy for clarification and have just received the reply that 'as long as you do not have any images on other stock sites at the time that the image is marked as exclusive then that is fine'. On the strength of this, all my images are remaining ticked as 'exclusive to alamy' 😅 1 Link to comment Share on other sites More sharing options...
gvallee Posted August 18, 2023 Share Posted August 18, 2023 40 minutes ago, Kay said: I emailed alamy for clarification and have just received the reply that 'as long as you do not have any images on other stock sites at the time that the image is marked as exclusive then that is fine'. On the strength of this, all my images are remaining ticked as 'exclusive to alamy' 😅 Interesting. I have e-mailed Alamy explaining that although all my images are exclusive to Alamy, I had a few sales with another agency in the past but didn't know which images sold. So I had no choice but marking my whole portfolio as non-exclusive. They did it for me without offering me the choice you were given. I'm getting tired of the whole thing. Plus they still haven't refunded me the incorrect 'non-exclusive' $50 fine despite two e-mails. 1 1 Link to comment Share on other sites More sharing options...
DJ Myford Posted August 18, 2023 Share Posted August 18, 2023 52 minutes ago, gvallee said: . . . Plus they still haven't refunded me the incorrect 'non-exclusive' $50 fine despite two e-mails. What Alamy say they are going to do here on the forum and what they do in reality are two different things. They said they would pay back the money taken in breach of the contract when they overruled the commission table and rebilled at the new rate, but months later people were reporting that they still hadn't received the money and were being ignored. Alamy come on here and say get in touch if there is a problem, but when people do they are ignored. You get the impression that they have a serious cashflow issue, and will do anything to grab back some money from contributors. The only other explanation is an unbelievable level of incompetency and lack of communication between departments. 2 2 Link to comment Share on other sites More sharing options...
gvallee Posted August 18, 2023 Share Posted August 18, 2023 11 minutes ago, DJ Myford said: What Alamy say they are going to do here on the forum and what they do in reality are two different things. They said they would pay back the money taken in breach of the contract when they overruled the commission table and rebilled at the new rate, but months later people were reporting that they still hadn't received the money and were being ignored. Alamy come on here and say get in touch if there is a problem, but when people do they are ignored. You get the impression that they have a serious cashflow issue, and will do anything to grab back some money from contributors. The only other explanation is an unbelievable level of incompetency and lack of communication between departments. I was one of those persons as well re refunds commission. I do believe the various team management is dysfunctional, a communication issue rather than cashflow problems. Link to comment Share on other sites More sharing options...
Martin L Posted August 18, 2023 Share Posted August 18, 2023 4 hours ago, Kay said: I emailed alamy for clarification and have just received the reply that 'as long as you do not have any images on other stock sites at the time that the image is marked as exclusive then that is fine'. On the strength of this, all my images are remaining ticked as 'exclusive to alamy' 😅 I think they have missed an important point, with that statement they are assuming that it has not been licensed previously. If it has, there is no way it can be 'exclusive'. A lot of MS licenses are RF therefore the image can be reused whenever. I would check for any previous licenses before clicking the box. Link to comment Share on other sites More sharing options...
M.Chapman Posted August 18, 2023 Share Posted August 18, 2023 (edited) 6 hours ago, Kay said: I emailed alamy for clarification and have just received the reply that 'as long as you do not have any images on other stock sites at the time that the image is marked as exclusive then that is fine'. On the strength of this, all my images are remaining ticked as 'exclusive to alamy' 😅 The new contract (just published and applies from 1 Oct 2023) contains a relevant change. Old clause 2.1 2.10. Notwithstanding clause 16.7, by marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content has been licensed through another licensing platform, Alamy has the right to recoup any fees (including reasonable administration fees where escalated to legal action), that Alamy has incurred in the pursuit of any action taken. New clause 2.1 2.10. Notwithstanding clause 16.7, by marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content is available on another licensing platform, Alamy has the right to recoup any fees (including reasonable administration fees where escalated to legal action), that Alamy has incurred in the pursuit of any action taken. I've highlighted the relevant text in bold. Mark Edited August 18, 2023 by M.Chapman Link to comment Share on other sites More sharing options...
Ognyan Yosifov Posted August 18, 2023 Share Posted August 18, 2023 (edited) 1 hour ago, M.Chapman said: The new contract (just published and applies from 1 Oct 2023) contains a relevant change. Old clause 2.1 2.10. Notwithstanding clause 16.7, by marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content has been licensed through another licensing platform, Alamy has the right to recoup any fees (including reasonable administration fees where escalated to legal action), that Alamy has incurred in the pursuit of any action taken. New clause 2.1 2.10. Notwithstanding clause 16.7, by marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content is available on another licensing platform, Alamy has the right to recoup any fees (including reasonable administration fees where escalated to legal action), that Alamy has incurred in the pursuit of any action taken. I've highlighted the relevant text in bold. Mark And yesterday I tried to point it out to some forum members here... I guess no one takes me seriously, 😉 which is fine by me. Edited August 18, 2023 by Ognyan Yosifov Link to comment Share on other sites More sharing options...
M.Chapman Posted August 18, 2023 Share Posted August 18, 2023 (edited) 4 minutes ago, Ognyan Yosifov said: And yesterday I tried to point it out to some forum members here... I guess no one takes me seriously, 😉 which is fine for me. On 17/08/2023 at 14:34, Ognyan Yosifov said: I think it is explained in the amendment 2.10 16.7 or am I mistaken? Ah... I hadn't realised you were referring to a new contract... Sorry - Hopefully my post makes it clearer now. Mark Edited August 18, 2023 by M.Chapman Link to comment Share on other sites More sharing options...
Kay Posted August 18, 2023 Share Posted August 18, 2023 Thanks both - completely missed the change which you’re right - does definitely clarify things 😃 Link to comment Share on other sites More sharing options...
Ognyan Yosifov Posted August 18, 2023 Share Posted August 18, 2023 42 minutes ago, M.Chapman said: Ah... I hadn't realised you were referring to a new contract... Sorry - Hopefully my post makes it clearer now. Mark Yes, it was posted by Alamy as a side-by-side comparison with the old one . Link to comment Share on other sites More sharing options...
Ognyan Yosifov Posted August 18, 2023 Share Posted August 18, 2023 8 minutes ago, Kay said: Thanks both - completely missed the change which you’re right - does definitely clarify things 😃 🙂 Link to comment Share on other sites More sharing options...
Martin L Posted August 18, 2023 Share Posted August 18, 2023 1 hour ago, M.Chapman said: The new contract (just published and applies from 1 Oct 2023) contains a relevant change. Old clause 2.1 2.10. Notwithstanding clause 16.7, by marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content has been licensed through another licensing platform, Alamy has the right to recoup any fees (including reasonable administration fees where escalated to legal action), that Alamy has incurred in the pursuit of any action taken. New clause 2.1 2.10. Notwithstanding clause 16.7, by marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content is available on another licensing platform, Alamy has the right to recoup any fees (including reasonable administration fees where escalated to legal action), that Alamy has incurred in the pursuit of any action taken. I've highlighted the relevant text in bold. Mark Ahhh...ok, thanks, missed that. However in my eyes it still doesn't seem quite right. How can it be exclusive to Alamy if it is out there being used by someone based on a previous non-Alamy license? Surely it makes the infringements teams job a little more difficult, potentially chasing clients based on a license from another agency? 1 Link to comment Share on other sites More sharing options...
M.Chapman Posted August 18, 2023 Share Posted August 18, 2023 1 hour ago, Martin L said: Ahhh...ok, thanks, missed that. However in my eyes it still doesn't seem quite right. How can it be exclusive to Alamy if it is out there being used by someone based on a previous non-Alamy license? Surely it makes the infringements teams job a little more difficult, potentially chasing clients based on a license from another agency? I agree. Whilst this change appears to be beneficial for Alamy Contributors (more images can now be categorised as Alamy Exclusive) it must make the job of the infringements team more difficult and hence less efficient. Given the useful revenue stream that infringements team have started generating, anything that reduces their efficiency may turn out to be bad for Alamy Contributors... Mmm... I don't understand why Alamy have done this. Mark Link to comment Share on other sites More sharing options...
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