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Few weeks ago, I deleted Brazil from my list of distributors' sales per country as several sales I made last year are not paid yet to me. Unfortunately, today, I discovered another sale made in Brazil which means probably I will never see a single cent from. Why Alamy (which is not going to to pay either to me for those sales already made) is continuing to sale images to clients that are not paying?

 

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I also have an outstanding sale in Brazil.

When I queried it yesterday with MS I got this response:

"We have recently had some issues with one of our distributing agencies based in Brazil.  Our Credit Control team have placed the account on hold while we resolve this situation. We are not ruling out using a third party collector to take steps to recover the funds owed, however at this point we are hopeful to resolve the issue in-house. Unfortunately at this point we do not have any more information but we will keep you informed if/when we reach a resolution. 

 

For the time being Alamy’s images are no longer available through this distributor. 

 

It is important to note that this issue is affecting only one of 5 distributors in Brazil and so opting out of Brazil will stop our other Brazilian agencies from making sales from your images."

 

Phil

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I also have an outstanding sale in Brazil.

When I queried it yesterday with MS I got this response:

"We have recently had some issues with one of our distributing agencies based in Brazil.  Our Credit Control team have placed the account on hold while we resolve this situation. We are not ruling out using a third party collector to take steps to recover the funds owed, however at this point we are hopeful to resolve the issue in-house. Unfortunately at this point we do not have any more information but we will keep you informed if/when we reach a resolution. 

 

For the time being Alamy’s images are no longer available through this distributor. 

 

It is important to note that this issue is affecting only one of 5 distributors in Brazil and so opting out of Brazil will stop our other Brazilian agencies from making sales from your images."

 

Phil

That would tend to tie in with my experience of sales to Brazil which have always been paid...

 

Kumar Sriskandan

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I just received an email from Alamy about this issue

 

 

Hi Stefano,

 

Thanks for your email.

 

The sales of the image C3WTG1, BF2WAY and C2187B is through our distributors agencies based in Brazil.

 

Our Distributing agencies have longer payment times in place than our direct customers.  This is because they have to collect funds from their buyers before paying Alamy.   These can be up to 150 days.  We instruct most of our direct customers to pay invoices within 30 days.

 

We have recently had some issues with one of our distributing agencies based in Brazil.

 

Our Credit Control team have placed the account on hold while we resolve this situation. We are not ruling out using a third party collector to take steps to recover the funds owed, however at this point we are hopeful to resolve the issue in-house.

 

Unfortunately at this point we do not have any more information but we will keep you informed if/when we reach a resolution. 

 

For the time being Alamy’s images are no longer available through this distributor. 

 

It is important to note that this issue is affecting only one of 5 distributors in Brazil and so opting out of Brazil will stop our other Brazilian agencies from making sales from your images.

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I too have outstanding sales from Brazil dating back to June 2012. Another one for $41 popped up yesterday. Hopefully Alamy is chasing down the offenders. I would delete Brazil, but I make quite a few sales there; and I need all the sales -- even the low ones -- that I can get these days.

Edited by John Mitchell
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I just received notice from Alamy that the Brazilian buyer had paid for the image sold on March 4.

 

 

Country: Brazil
Usage: Editorial
Media: Textbook - print and e-book
Print run: Unlimited
Placement: Inside
Image Size: 1 page
Start: 04 March 2013
End: 04 March 2023 $ 66.65
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  • 4 weeks later...

The broader question is why are distributors that have been deleted as marked territories still allowed to sell my images? I have asked MS about recent sales to the Czech Republic but have yet to receive a reply.

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The broader question is why are distributors that have been deleted as marked territories still allowed to sell my images? I have asked MS about recent sales to the Czech Republic but have yet to receive a reply.

So have I and I deleted The Czech republic April 2012 if not a year before that. Still sales for peanuts crop up.

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  • 6 months later...

Sorry, to resurrect an old thread, but has anyone heard anything more regarding this?

 

I still have four outstanding from June and August 2012. I had the same canned response from MS when I inquired earlier this year, but they now seem to have swept this one under the rug.

 

Last response I had from Alamy was in September: "The un-cleared sales through our distributor in Brazil are in the hands of our legal rep in South America. Unfortunately these this process can take a long time.  We’ll pay contributors if the invoice is settled."

 

Doesn't sound at all promising...

 

-Jason

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I too have at least 3 unpaid sales to Brazil dating back to June 2012 (probably more since I have many shots pertinent to South America).  Would it be cheeky to suggest that, bearing in mind the amount of commission we pay to Alamy these days, that in these circumstances they should pay us what is owing to us regardless of whether their Brazilian distributor coughs up or not?  Just wishful thinking, or really a fair thing to do...........? :unsure:

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I too have at least 3 unpaid sales to Brazil dating back to June 2012 (probably more since I have many shots pertinent to South America).  Would it be cheeky to suggest that, bearing in mind the amount of commission we pay to Alamy these days, that in these circumstances they should pay us what is owing to us regardless of whether their Brazilian distributor coughs up or not?  Just wishful thinking, or really a fair thing to do...........? :unsure:

 

I have to agree... But I doubt they are obliged legally- Or charitable enough to do so on their own.

 

But then again, I also happen to think that they should probably be chasing down non-paying infringers with part of the commissions they take as well. Apparently in either case, Alamy do not agree.

 

-Jason

 

 

Edit: From the Contributor contract:

 

 

16.3 You agree that where Alamy incurs legal and/or other specific costs relating to an outstanding amount owed by a Customer then these costs will be recouped by Alamy first before accounting to you. For the avoidance of doubt should a debt be only partially cleared by a Customer then Alamy will recoup its specific costs first and then divide the remaining amount between you and Alamy in line with the commission schedule in force at the time the debt was invoiced. Alamy shall not be obliged to pursue payment of debts owed by Customers if, in Alamy’s opinion, the prospects of recovery are not good enough to justify the likely collection costs.

Edited by Reciprocity Images
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I have a bunch from 2012 that I am still waiting for a payment.  I found the publication that used one of these images, can I go after them myself?

The problem with going after the publication itself is that (I am assuming anyway) the publication using your image did license the image from the Brazilian distributor (who was an authorized agent at the time), and is therefore using that image legally.

 

The Brazilian distributor now has the full 100% of the license fee and has defaulted on it's payment to Alamy, and in turn, to you.

 

-Jason

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I have a bunch from 2012 that I am still waiting for a payment.  I found the publication that used one of these images, can I go after them myself?

The problem with going after the publication itself is that (I am assuming anyway) the publication using your image did license the image from the Brazilian distributor (who was an authorized agent at the time), and is therefore using that image legally.

 

The Brazilian distributor now has the full 100% of the license fee and has defaulted on it's payment to Alamy, and in turn, to you.

 

-Jason

 

But if I contacted the publication and annoyed them perhaps that would make them contact the distributor asking what is going on and perhaps make them look like a thief in the eyes of the publisher resulting in the publication not using that distributor again?

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I have a bunch from 2012 that I am still waiting for a payment.  I found the publication that used one of these images, can I go after them myself?

The problem with going after the publication itself is that (I am assuming anyway) the publication using your image did license the image from the Brazilian distributor (who was an authorized agent at the time), and is therefore using that image legally.

 

The Brazilian distributor now has the full 100% of the license fee and has defaulted on it's payment to Alamy, and in turn, to you.

 

-Jason

 

But if I contacted the publication and annoyed them perhaps that would make them contact the distributor asking what is going on and perhaps make them look like a thief in the eyes of the publisher resulting in the publication not using that distributor again?

 

 

I would suggest that it's not in your best interests to start annoying someone who has done nothing wrong.  It will only make them upset with you, and likely put them off buying anything with your name on it.

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