Phil Crean 543 Posted April 26, 2017 Share Posted April 26, 2017 Hi Alamy, Can you explain what the difference is between the terms, "Agent" vs "Licencee" in the new contract please. Thanks, Phil Link to post Share on other sites
Phil Crean 543 Posted April 26, 2017 Author Share Posted April 26, 2017 Sent the same question to CR and just got this super rapido reply: "Hi Phil There is no difference at all in the way we work it is simply a change in terminology to make the wording more universal.Hope this helps.Thanks,Shelley" So why change it? Surely there must be some difference in definition??? Phil Link to post Share on other sites
spacecadet 3,928 Posted April 26, 2017 Share Posted April 26, 2017 (edited) Bit of a legal nicety, I think. I always thought that Alamy was our agent, although I recall one contributor here who always insisted they weren't. In other words, I don't know. There is no explanation with the changes that I can find, despite the amendments page saying there is. Slightly more of concern is the term that says images must comply with property and privacy laws of the country they were taken in. Most of us have probably got ones which don't. Sounds like cover to remove images which might not, a favourite of Alamy's, sole discretion and all that. Edit: good to hear that Alamy don't intend it to change things, in which case, in law, it probably doesn't. Edited April 26, 2017 by spacecadet Link to post Share on other sites
Sultanpepa 994 Posted April 26, 2017 Share Posted April 26, 2017 (edited) I may be wrong but I'd imagine that being an agent gives them rights to promote and distribute to other agents. where a licencee doesn't. i.e. Doesn't allow distribution? I may be, and probably am wrong though. lol Edit. Just seen your reply from CR. Edited April 26, 2017 by Sultanpepa Link to post Share on other sites
PhotoEclectica 17 Posted April 26, 2017 Share Posted April 26, 2017 (edited) I've had a look at today changes to the Alamy contract. Nothing relevant to me but a few adjustments related to distribution to third parties (agent is probably more appropriate than licensee where dealing with other agents). Edited April 26, 2017 by PhotoEclectica Link to post Share on other sites
Allan Bell 2,518 Posted April 26, 2017 Share Posted April 26, 2017 Looks like Alamy are setting things up for a takeover. Allan 1 Link to post Share on other sites
M.Chapman 1,531 Posted April 26, 2017 Share Posted April 26, 2017 (edited) More tinkering behind the scenes. The clause that makes me chuckle is this one (this isn't new). 1.5. You accept that you are solely and exclusively responsible for all Images that you submit and for all data that you store on Alamy’s servers. You acknowledge that Alamy does not and cannot review all Images uploaded and is not responsible for the Images. Where Alamy makes available Images this should be considered only as a courtesy and does not limit your responsibility for the Images. (It's my bold and underline of the word courtesy) A courtesy? It hardly seems to be an appropriate term for a business relationship where the sale proceeds are split 50/50. Let's be honest, we're both in it for the money and there's a contract between us. IMHO the term "courtesy" wouldn't stand up in court as a way of absolving oneself of all responsibility for materials on their websites (as no doubt Facebook and others are going to find out in the long run). But what do I know, I'm no lawyer. Edited April 26, 2017 by M.Chapman 4 Link to post Share on other sites
photomi7ch 3 Posted April 26, 2017 Share Posted April 26, 2017 Hi, there is a difference between agent and licensee basically Alamy can not be the licensee the photographer is as we license them to sell on our behalf the image we submit. If you read the contact Alamy states they will be changing our images to fit sale criteria and negotiate the terms of sale which makes them an agent. They can not be the licensee they don't own the copyright of the image. I find that Alamy has a cheek to make us responsible for copyright infringement with an image With all the resources that Alamy has at its disposal to check this. It has done it for secondary license it can do it for this. 1 Link to post Share on other sites
Richard Baker 539 Posted April 26, 2017 Share Posted April 26, 2017 Looks like Alamy are setting things up for a takeover. It's felt likely for a few years now. I'm still watching that space. Richard. 1 Link to post Share on other sites
York Photographer 7,496 Posted April 26, 2017 Share Posted April 26, 2017 I did spot this You appoint Alamy as your non-exclusive agent to exploit all Rights in the Images in the Territory in all media and formats whether current or yet to be developed (including for the avoidance of doubt and without limitation digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, making the Images available for reproduction on physical articles and items including without limitation on prints and posters, making the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and including them in any catalogue, Internet sites or marketing), using the System Can't see Radio ever being a big market! 2 Link to post Share on other sites
Phil Crean 543 Posted April 26, 2017 Author Share Posted April 26, 2017 I did spot this You appoint Alamy as your non-exclusive agent to exploit all Rights in the Images in the Territory in all media and formats whether current or yet to be developed (including for the avoidance of doubt and without limitation digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, making the Images available for reproduction on physical articles and items including without limitation on prints and posters, making the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and including them in any catalogue, Internet sites or marketing), using the System Can't see Radio ever being a big market! New market for those high noise images! Phil 3 Link to post Share on other sites
Martin P Wilson 1,140 Posted April 27, 2017 Share Posted April 27, 2017 More tinkering behind the scenes. The clause that makes me chuckle is this one (this isn't new). 1.5. You accept that you are solely and exclusively responsible for all Images that you submit and for all data that you store on Alamy’s servers. You acknowledge that Alamy does not and cannot review all Images uploaded and is not responsible for the Images. Where Alamy makes available Images this should be considered only as a courtesy and does not limit your responsibility for the Images. (It's my bold and underline of the word courtesy) A courtesy? It hardly seems to be an appropriate term for a business relationship where the sale proceeds are split 50/50. Let's be honest, we're both in it for the money and there's a contract between us. IMHO the term "courtesy" wouldn't stand up in court as a way of absolving oneself of all responsibility for materials on their websites (as no doubt Facebook and others are going to find out in the long run). But what do I know, I'm no lawyer. Especially as in law being an agent has specific meaning with associated responsibilities. Can't remember the details (just back from a trip) so I will try to remember to look it up at the weekend. Link to post Share on other sites
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