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re: http://www.epuk.org/news/an-open-letter-from-epuk-to-alamy-regarding-the-new-contributor-contract-terms

 

When Alamy addresses the concerns, I hope it will result in a contract both sides can live with.

 

I said good-bye to micros years ago without a glance behind... and somewhat regretfully skipped even applying to a particular big trad agency because of its reputation of treating contributors unfairly....

 

But I've put a lot of time and effort into submitting my (modest) port here, and have been a sincere fan of Alamy for years, so I don't say this lightly - I really want this all to work out.

 

all the best - Ann

Edited by ann
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Read the epuk article. Not a good deal for anyone. Be sure to read the many comments as well.

 

 

L

I have read it and followed the thread. I disagree with epuk's interpretation of a number of the clauses.

Edited by spacecadet
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Of course the damages for a Farcebook use would be quite modest.

Not if its a large US manufacturer which shelled out $8,000 for one of my images illegally appearing on their FB page!  

 

The discussion was in sterling so I deduce it was in the UK. To the best of my knowledge there is no precedent for that level of damages here.

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Of course the damages for a Farcebook use would be quite modest.

Not if its a large US manufacturer which shelled out $8,000 for one of my images illegally appearing on their FB page!  

 

The discussion was in sterling so I deduce it was in the UK. To the best of my knowledge there is no precedent for that level of damages here.

 

More's the pity!

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re: http://www.epuk.org/news/an-open-letter-from-epuk-to-alamy-regarding-the-new-contributor-contract-terms

 

When Alamy addresses the concerns, I hope it will result in a contract both sides can live with.

 

I said good-bye to micros years ago without a glance behind... and somewhat regretfully skipped even applying to a particular big trad agency because of its reputation of treating contributors unfairly....

 

But I've put a lot of time and effort into submitting my (modest) port here, and have been a sincere fan of Alamy for years, so I don't say this lightly - I really want this all to work out.

 

all the best - Ann

 

Thanks, Ann. I enjoyed your "sincere fan" comments on Alamy. I also hope this all shakes out well for Alamy and for us.

 

Paulette

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Read the epuk article. Not a good deal for anyone. Be sure to read the many comments as well.

 

 

L

I have read it and followed the thread. I disagree with epuk's interpretation of a number of the clauses.

 

 

This in itself would suggest the wording needs to be changed to something that can only mean one thing.

 

There should be no possibility that a contract could be interpreted in one or more different ways otherwise no one will know where they stand and the only people to win will be lawyers who have to fight it out in the courts if a challenge from either party is made. Hopefully, we will hear from Alamy and the answer to the problem will be a reworded, clear and concise contract that deals with the issues raised.

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Agreed. I also have just last week ditched all the micros to value my work higher. I enjoy alamy, the community, the upload process and of course the cash. I ditched micros to value my work not allow it to be stollen without repercussions. We shall see the new contract which I hope they consider their loyal providers of product.

 

 

re: http://www.epuk.org/news/an-open-letter-from-epuk-to-alamy-regarding-the-new-contributor-contract-terms

 

When Alamy addresses the concerns, I hope it will result in a contract both sides can live with.

 

I said good-bye to micros years ago without a glance behind... and somewhat regretfully skipped even applying to a particular big trad agency because of its reputation of treating contributors unfairly....

 

But I've put a lot of time and effort into submitting my (modest) port here, and have been a sincere fan of Alamy for years, so I don't say this lightly - I really want this all to work out.

 

all the best - Ann

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Dont understand but why would Alamy 'want ' to offer a retroactive license in the first place

and what would happen  if the infringer does not want to pay for a license ?

 

What happens then. Does the photographer then take over the action ?

 


 

Edited by Ace
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Not that I doubt the EPUK story but we only have a partial story. From what I read there was a hint of dissembling in what the infringer said to the Alamy salesman. The wool may have been pulled over his eyes somewhat.

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Of course the damages for a Farcebook use would be quite modest.

 

Not if its a large US manufacturer which shelled out $8,000 for one of my images illegally appearing on their FB page!

The discussion was in sterling so I deduce it was in the UK. To the best of my knowledge there is no precedent for that level of damages here.

In my experience, damages in the UK tend to be what you've failed to get at best and you often fail to recover your costs in full. (my experience is not re licensing photographs) Edited by TokyoM1ke
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Of course the damages for a Farcebook use would be quite modest.

Not if its a large US manufacturer which shelled out $8,000 for one of my images illegally appearing on their FB page!  

 

The discussion was in sterling so I deduce it was in the UK. To the best of my knowledge there is no precedent for that level of damages here.

 

Imagerights and my lawyers have collected  around that sum than that from UK infringers.Ditto for other European markets.

 

Here was someone else's large collection:

 

http://petapixel.com/2013/09/27/copyright-suit-helps-british-photographer-win-32000-initially-offered-250/

 

L

 

L

 

That was out-of court and mostly legal costs. The quantum was about £5000- he might have got somewhat more at trial- but it was for a much more extensive use than a Farcebook post. That's what I was referring to.

Just a reminder that we do not have copyright registration or statutory damages.

Edited by spacecadet
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Of course the damages for a Farcebook use would be quite modest.

Not if its a large US manufacturer which shelled out $8,000 for one of my images illegally appearing on their FB page!  

 

The discussion was in sterling so I deduce it was in the UK. To the best of my knowledge there is no precedent for that level of damages here.

 

Imagerights and my lawyers have collected  around that sum than that from UK infringers.Ditto for other European markets.

 

Here was someone else's large collection:

 

http://petapixel.com/2013/09/27/copyright-suit-helps-british-photographer-win-32000-initially-offered-250/

 

L

 

L

 

That was out-of court and mostly legal costs. The quantum was about £5000- he might have got somewhat more at trial- but it was for a much more extensive use than a Farcebook post. That's what I was referring to.

Just a reminder that we do not have copyright registration or statutory damages.

 

I am settling a dispute in the UK this week for $4000 USD...No lawyer costs or commissions.

 

L

 

The case you quote had already been to court.

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On 2/17/15 I wrote to memberservices with questions in regard to the contract and never received a response.

I just got the canned email,"

"Thanks for emailing us; we’ll get back to you as soon as we can."

 

Has anyone received a response for their queries in regard to the contract?

 

Should I just resend the email again? They usually do respond for other things I've emailed about.

 

L

 

In fairness, yes. They replied quite quickly. They said,

 

"We will be writing an open letter to EPUK soon in reply to the points raised or will be updating our blog with necessary clarifications"

 

Hopefully the reason for the delay in response is due to running the contract past a legal team to ensure whatever changes are made are clear, concise and of course, Legal  :D

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^^ Given their previous statement in this thread, I haven't written personally, as I supposed that it would just take up time and that I wouldn't get a reply.  Along with Duncan, I eagerly await their promised reply to the article and clarification on all the points raised.

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Not that I doubt the EPUK story but we only have a partial story. From what I read there was a hint of dissembling in what the infringer said to the Alamy salesman. The wool may have been pulled over his eyes somewhat.

QED. The photographer did indeed tell half the story.

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