Wawa Posted September 6, 2016 Share Posted September 6, 2016 If a buyer wants an image from Alamy for one-time exclusive use (Rights Managed, correct?) and that image is also sold through, for example, FineArt America, another stock agency or a personal website, would that cause any legal issues? I would think it could potentially cause problems if the buyer finds that same image on another product promotion, magazine article, poster, etc... Someone help me out here 'cause its drivin' me crazy! Thanks very much. Link to comment Share on other sites More sharing options...
Kumar Posted September 6, 2016 Share Posted September 6, 2016 It surely depends upon the details of the RIGHTS MANAGED EXCLUSIVE (RME) licence that the client has negotiated with Alamy. If your image(s) was submitted to Alamy as with an RME license, it surely is YOUR task to see that the image(s) in question is/are not available to clients through any other outlet - agencies or self web site. If the image wasn't submitted with an RME licence, Alamy will always revert back to you if a client asks for an RME licence. For the period/purpose of THIS exclusive license, you just can't sell its licenses elsewhere for the 'usage purchased for', or for any purpose whatsoever, if the RME license deal so warrants ! Kumar, India Link to comment Share on other sites More sharing options...
Wawa Posted September 6, 2016 Author Share Posted September 6, 2016 Hello Phillipe and Kumar, So there's RIGHTS MANAGED (RM) & RIGHTS MANAGED EXCLUSIVE (RME). And if it was just an RM image and not an RME then you can sell image elsewhere, correct? Phillipe, I see you have a link to FineArt America. I hope it's not to nosey to ask: Do you have the same images available on FineArt America & Alamy (or any other agency/site)? Thanks again everyone. Link to comment Share on other sites More sharing options...
John Richmond Posted September 6, 2016 Share Posted September 6, 2016 As I understand it, the difference between Rights Managed and Rights Managed Exclusive is that if a client wants exclusive use of your image - whether over a time period, a territory, or within a commercial sector - then Alamy have to consult with you first for images set to RM but, if you've marked the image as RME, you've given them permission to negotiate on your behalf without further consultation. If you are selling elsewhere then RM is the option to select as only you know if other sales will conflict with the client's requirements for exclusivity. If you want to set an image as RME on Alamy it's probably best not to offer it elsewhere. I can imagine it could cause lots of problems - if you ever get a client interested, of course. Link to comment Share on other sites More sharing options...
Stokie Posted September 7, 2016 Share Posted September 7, 2016 I wouldn't set any image with Rights Managed Exclusive, just Rights Managed. If a company/person wants an exclusive image they will ask Alamy to contact the photographer to see if they are willing to change the license from Rights Managed to Rights Managed Exclusive. This also means that you can sell your images elsewhere if the license is set as Rights Managed. John. Link to comment Share on other sites More sharing options...
MircoV Posted September 7, 2016 Share Posted September 7, 2016 Just to clarify..... As far as i know this option "Rights Managed Exclusive" will dissapear with the new contributor tools. Instead custumers needs to contact alamy if they need such a use. Next to that with the new contrubutor tools will be an option to set images as "Available on Alamy only / Exclusive on Alamy". If you apply it then you can not have your photo on a other agency. Mirco Link to comment Share on other sites More sharing options...
vpics Posted September 7, 2016 Share Posted September 7, 2016 If a clients wants to licence a photo on an exclusive basis, Alamy will contact you beforehand. Link to comment Share on other sites More sharing options...
Kumar Posted September 8, 2016 Share Posted September 8, 2016 The licensing option "RIGHTS MANAGED EXCLUSIVE" already implies that once you choose THIS option for any of your image(s), the same images just can't be licensed through any other outlet, personal or otherwise. And, Alamy is obliged to contact the contributors ONLY if they have a client looking for exclusive licensing for a routine RIGHTS MANAGED image. Link to comment Share on other sites More sharing options...
Bella Posted September 24, 2016 Share Posted September 24, 2016 If I have an image as editorial on another agency can I set RM on Alamy or not until Alamy actually has editorial as a choice? Thanks. Link to comment Share on other sites More sharing options...
Niels Quist Posted September 24, 2016 Share Posted September 24, 2016 If I have an image as editorial on another agency can I set RM on Alamy or not until Alamy actually has editorial as a choice? Thanks. An RF Editorial sold elsewhere cannot be sold from Alamy as RM. What will happen in the future with Alamy and RF Editorial is another matter. Link to comment Share on other sites More sharing options...
Bella Posted September 24, 2016 Share Posted September 24, 2016 Thanks Niels. Link to comment Share on other sites More sharing options...
Robert M Estall Posted September 24, 2016 Share Posted September 24, 2016 Exclusivity is a pretty rare requirement. I had just the one request from Alamy a few years back and it was for A LOT OF MONEY. Back in the days when I supplied most of my archive directly to various clients, it was the makers of puzzles and calendars who required an exclusive period but they were almost invariably such bad actors that I was very glad to stay away from that market. Of course, if you are a big agency, it's hard to make that decision and your contributors wont like it. Just go for RM and make an individual decision if ever asked for a degree of exclusivity. It's not worth losing sleep over. Link to comment Share on other sites More sharing options...
Bill Brooks Posted September 25, 2016 Share Posted September 25, 2016 I want to be able to ask the question “at what price” before agreeing to, or declining, an exclusive RM license, even if the image is only for sale on Alamy. With modern technology, photographers are available within a day, so I think mutual agreement on price for an exclusive is a reasonable restriction on the photographers part. RME does not give the photographer that option. When the new contributor tools go online, be sure you fully understand any new terminology. Link to comment Share on other sites More sharing options...
AlessandraRC Posted September 25, 2016 Share Posted September 25, 2016 My understanding is that regardless of the type of your license on Alamy, you can sell the image for prints on FAA. Someone pls correct me if I am wrong. Link to comment Share on other sites More sharing options...
fotoDogue Posted September 25, 2016 Share Posted September 25, 2016 My understanding is that regardless of the type of your license on Alamy, you can sell the image for prints on FAA. Someone pls correct me if I am wrong. Now that Alamy is licensing files for personal use, such as prints, I'd presume any image described as "Exclusive" should not be available on FAA or any other POD site. Non exclusive images can be offered wherever you choose as long as the license ( RM or RF) is consistent. Link to comment Share on other sites More sharing options...
AlessandraRC Posted September 25, 2016 Share Posted September 25, 2016 My understanding is that regardless of the type of your license on Alamy, you can sell the image for prints on FAA. Someone pls correct me if I am wrong. Now that Alamy is licensing files for personal use, such as prints, I'd presume any image described as "Exclusive" should not be available on FAA or any other POD site. Non exclusive images can be offered wherever you choose as long as the license ( RM or RF) is consistent. This makes sense. However, files offered for printing are not licensed... Link to comment Share on other sites More sharing options...
fotoDogue Posted September 25, 2016 Share Posted September 25, 2016 We tend to use the terms License and Sold interchangeably but they actually mean very different things All photographic material, including prints, where the photographer expects to retain the copyright, should be licensed stating what rights are granted. This was standard practice back in pre-digital days when prints were used for publication and other forms of reproduction. If they're for display or exhibition only, the photographer should state that he or she retains all rights to the image. Too many people believe that when they purchase a print they've purchased the right to use it as they please. fD Link to comment Share on other sites More sharing options...
AlessandraRC Posted September 27, 2016 Share Posted September 27, 2016 Too many people believe that when they purchase a print they've purchased the right to use it as they please. fD Correct, a misunderstanding on their part. Link to comment Share on other sites More sharing options...
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