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KWheal

How many more Customers Get This Treatment

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A Funny thing happened the other day. I was watching a film on terrestrial tv channel in the uk which was a biopic about Michael Jackson and about half way through there was a photo of his album " Off the wall " with the record half out of the sleeve. Also there was a sticker on it which was regarding a special edition. At the end of the film alamy got a credit. I checked and lo and behold on alamy mine was the only shot of this particular album and it was out of the sleeve exactly as my shot was. The program/film was made for one of the top 5 terrestrial tv companies in the UK by another similar company in 2017 so I contacted alamy and their answer..... "some of our editorial clients report after 3 months if it has not been reported by then please contact us with evidence. There is a relevant download."  Now there is no way that it was aired as soon as it was made and I get really fed up at how many companies use photos and pay after. So I have to find the exact spot and pause it on my tv and then take a photo and then send it to Alamy. Why cant they just charge these companies on download and alamy can refund them for what they don't use

We have all got used to asking alamy to chase newspapers for undeclared images, Calendars not paying until after publication and after sales but I didn't realise that we have to follow the procedure of chasing unreported sales to alamy regarding TV / Film companies

Kevin

Edited by KWheal
  • Upvote 3

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Pay on use is standard for print and TV- ever written for the trade press?

If there's a download it will report like as not. There's an entire section on a TV show budget form for licences such as these.

I don't like it either, but this isn't a retail business. When in Rome...

Edited by spacecadet

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Its been used but not reported. Secondly where is the entire section on TV show budget. I don't quite understand

regards

kevin

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It has been used, so it will be reported, but probably not in a few days!

A TV show has a budget, which is a document itemising the costs involved. IP licences are a budget item. It won't be overlooked.

Edited by spacecadet

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Just out of interest, who owns the copyright on the album cover?

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IIRC, the last people to watch the show before it's aired is the legal department that has to check all licences are in place etc. So by the time this process is done, the image should be reported. 

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Just out of interest, who owns the copyright on the album cover?

Oops. Hadn't though of that. We assume it's not the OP, but legal must have been happy with it.

Edited by spacecadet

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The Copyright to the album cover would either be the estate of Michael Jackson , the designers of the cover , or anyone who benefitted from the Jackson estate.I am sure the film makers would not have let the use of the image as well as lots of others during the film unless they were happy that it was editorial use and ok to use. Its the same as any editorial photos with no releases , they can only be used in an editorial way and according to alamy TV use is editorial use when I contacted them at first regarding this use

Kevin

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Legally a TV documentary is not an editorial use. You have no documentary rights here unless you made use of the album cover in an innovative, new, unusual way. If the album shot is like your Gaviscon shot it does not qualify for documentary use. Newspapers OK, documentaries need clearance from copyright holder only. Music, photographs, artwork, videos, all have to be cleared with the original copyright holder.

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Alamy seem happy with it and the TV station who made it (which is one of the big 2 in the UK terrestial TV companies) are happy with it with many more examples within the Biopic of Album Covers so although we have gone off topic thank you for all you answers and input

Kevin

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