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Alamy claim for DACS on my behalf

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Guest

Hi All,

 

I had an email today from DACS stating that Alamy had made a claim on my behalf this year. I have never consented for Alamy to make any claims and, indeed, they haven't in previous years. I contacted DACS who confirmed that they had claimed on my behalf.

 

The problem is that Alamy will take 50% if they make a claim for you. Claiming is very easy and allows you to claim on other non-Alamy image use too (book covers in my case). I'm surprised that Alamy have done this as is very nearly messed up my claim.

 

Has anyone else had Alamy doing this?

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You needed to opt out as of this year. I got an email confirming that I already had.

Also...

 

Edited by spacecadet

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Guest

Wow! must have missed that one. Seems wrong to introduce an opt-out scheme in situations like this though. If they did make a claim then I’d lose 50% on the claim. You’d have thought that just looks like tricking contributors to hand over half their claim.

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I opted out but allowed Alamy to make claims for images used on TV networks as they are difficult to trace.

 

Allan

 

 

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Guest

So Alamy can claim on my behalf and pocket 50% of the claim if I havn’t opted out. I’ve been claiming myself for five years now and I’m astonished that Alamy can change the T&C in their favour. I can not recall seeing this change in their terms to be honest but just think it’s  sneaky way to go about business.

Edited by Guest

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I'm certainly opted out, as I got an email in 2016 confirming it, but I can't find an email saying when I did it. Odd.

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Guest

Well, I have always made my own claims so if Alamy had changed their T&Cs a few years ago they’ve only now started to make a claim. 

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4 minutes ago, Dayve said:

Well, I have always made my own claims so if Alamy had changed their T&Cs a few years ago they’ve only now started to make a claim. 

It sounds like  my situation, so I think you should ask Alamy to prove that you opted back in and when.

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I have had the same e- mail from DACS .I am opted out of Alamy making a DACS claim for still images and always have been, they have never claimed for still images on my behalf - only TV usage. That they have now made a claim for 2018 in my name without authorization sound more like c**k-up than conspiracy. However, I have emailed member services to find out what the heck is happening.

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Guest

Thanks Spacecadet. I’ll do that. In the meantime I have just received an email from Alamy to say that as I have missed the deadline I can not opt out.

 

This is the email:

The contributor contract that came into force in June 2016 includes ‘Clause 28. Collecting societies’ this states you authorise Alamy to claim on your behalf for your Alamy sales. 

 

We emailed all contributors already registered with us at the time and gave them the option to opt out before July 30th, 2016. Unfortunately, as you have missed this deadline you will not be able to opt out.

 

Don’t worry, you can still submit a personal claim for any sales made outside of Alamy.

 
Still don’t recall the email about opting out though

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Guest
6 minutes ago, spacecadet said:

It sounds like  my situation, so I think you should ask Alamy to prove that you opted back in and when.

Think they’re saying that they changed the terms to automatically opt contributors in and we had to opt out. I’ve never opted in anyway but their terms have changed things.

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3 minutes ago, Dayve said:

Thanks Spacecadet. I’ll do that. In the meantime I have just received an email from Alamy to say that as I have missed the deadline I can not opt out.

 

This is the email:

The contributor contract that came into force in June 2016 includes ‘Clause 28. Collecting societies’ this states you authorise Alamy to claim on your behalf for your Alamy sales. 

 

We emailed all contributors already registered with us at the time and gave them the option to opt out before July 30th, 2016. Unfortunately, as you have missed this deadline you will not be able to opt out.

 

Don’t worry, you can still submit a personal claim for any sales made outside of Alamy.

 
Still don’t recall the email about opting out though

 

I am certain I opted out in 2016 and still have the confirmation email to prove it. I look forward to hearing from them!

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Guest
6 minutes ago, geogphotos said:

 

Could you clarify whether or not you submitted your own claim with DACS - I think the decline was yesterday?

Yep, I’ve definitely made a claim with DACS. They said that they would extend my claim cut-off for a week so that I could sort things out with Alamy. It seems that DACS now know that I’m not making two claims but it was just annoying that Alamy are working this way.

 

I should also add that DACS are excellent to work with and very vigilant when it comes to checking applications.

Edited by Guest

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8 minutes ago, geogphotos said:

 

...... I think the decline was yesterday?

 

 

5:00pm today.

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Guest
1 minute ago, geogphotos said:

 

My understanding was that Alamy said that they would withdraw their claim in situations where the photographer had already submitted a direct DACS claim.

 

Maybe I misunderstood.

At least that’s something but I only got an email today regarding this from DACS so cutting it a bit fine.

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Guest

OK, this is an extract from the t&c:

 

You also confirm that you have authorised Alamy to claim and receive on your behalf any royalty payments the Collecting Society has calculated as part of Collection in respect of an authorised claim made on your behalf by Alamy, and to deduct a commission or fee of 50% after recouping any applicable administration charges.

  1. If you have specifically informed us not to claim on your behalf for Collection in the United Kingdom before July 30th 2016 then we will not claim for you under Collection unless instructed to do so. If you do instruct us to claim on your behalf this will continue for the contract duration

So locked in and Alamy will take half the royalties plus admin costs until the contract changes. You’d think we could opt out at any point.

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I found this out a while ago, as I also make a DACS claim. I don't remember ever being given a choice about it. Apparently you can still claim for non-Alamy images, as I do. However, it's not clear from the contract whether Alamy thinks it owns any rights to DACS payments for images that may be on sale with them, but not sold through them; the contract seems to suggest it does. If offered the choice, I would opt out.

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Guest

Another email from Alamy clarifying the situation:

 

Alamy has submitted a claim on your behalf for all eligible sales made through us. Due to the work required by the team to sort all this information and submit the claim a 50% commission will be taken from the funds. 

 

Unfortunately as you have missed this deadline you will not be able to opt out.

 
I’d suggest that is an unfair contract clause

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1 hour ago, Dayve said:
 
I’d suggest that is an unfair contract clause

Not much mileage in that- there was plenty of discussion about it here at the time. MAke a note to opt out next time the contract is varied though.

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I still don't know how I came to opt out originally- I certainly didn't send an email about it that I can find.

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I always e-mail Alamy early in the year telling them that I would like them to handle my TV claims only. Haven't had any problems.

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OMG!!! Completely forgot to submit my claim. :angry:

 

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2 minutes ago, geogphotos said:

 

Contact DACS quickly. They are very helpful people. 

The login has already disappeared from the site. I think they've gone home.

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Guest

Well, I still think whatever arrangement we have outside Alamy regarding claims for royalties are nothing to do with Alamy. Alamy's claim on 50% is in itself disproportionate  to their time to process a claim (I know how long it takes) and to muscle in on this in such a way is just wrong. It's like trying to claim on print sales I might have at a local gallery, nothing to do with them. If they wanted to help their contributors then just send out a reminder email when it's time to claim and an offer to do this as a paid service. But to force us to opt out is not the way. Also, not allowing an opt out until the next contract change (whatever that actually means) is also wrong. Sorry for the rant btw. You probably guess that I feel quite strongly about this!

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6 hours ago, spacecadet said:

You needed to opt out as of this year. I got an email confirming that I already had.

Also...

 

 

Is there a way of opting out -- box to check, etc. -- through Alamy's website?

As mentioned, I just e-mail Alamy.

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