Author Topic: Intellectual property infringement claim against Alamy - Email (Read 1011 times)

ShadySue · « **Reply #25 on:** **Yesterday** at 12:42 »

Quote from: RalfLiebhold on Yesterday at 07:53

Quote from: Brasilnut on Yesterday at 05:01
Worrying update here from Alamy.

I asked Alamy whether my token damages over some $25 would bring the matter to a close and their reply:

Quote
"This matter remains ongoing with the case currently in front of the German courts. As mentioned, legal costs are being incurred by Alamy in defending the claims which as a contributor to you provide Alamy with indemnification against such claims under the terms of our contract. In the event of any further developments in relation to your cost liability under this matter we would provide you with an update to advise of any changes."

To be continued...

That is indeed worrying.
As a contributor, you are forced to pay for a court case without having a say in it, where you don't know what it's about, how long it will take and how much it will cost in the end.
Above all, you don't know whether it would have been cheaper to settle the initial claim.

Worrying indeed, but I wouldn't be surprised if all distributors have similar clauses in their contracts.
E.g. iStock 10B:
"iStock reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with iStock’s defence of such claim."

Shutterstock 13m
"Shutterstock represents and warrants that:
m. upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, Shutterstock may send you written notice of such claim, using the email address provided by you to Shutterstock, specifying the details of the claim as then known to Shutterstock.
i. Pending the determination of such claim, Shutterstock may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Shutterstock.
ii. Pending the determination of such claim, Shutterstock may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Shutterstock."

Alamy:
"5. Indemnities
5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns (the “Indemnified Parties”) harmless against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal expenses) which any of the Indemnified Parties incur arising from or in in relation to: (i) any claim that the Content or Metadata infringes any third party’s copyright or any other intellectual property right (ii) any breach of your representations, obligations and warranties under this Contract or the System. This clause will remain in force after the termination of this Contract." (my bold)

oooo · « **Reply #26 on:** **Yesterday** at 14:03 »

...any claim that the Content or Metadata infringes ...

and that for there is editorial.
of course you cant offer everything under editorial,
but in case of the newspaper-rack the contributor likely did nothing wrong,
and must not be charged (it doesnt matter whoever wins that lawsuit)

If alamy gets away with this,
contributors have to delete all their editorial content,
to avoid possible horror bills in further cases

dragonblade · « **Reply #27 on:** **Today** at 01:09 »

Quote from: oooo on Yesterday at 14:03

If alamy gets away with this,
contributors have to delete all their editorial content,
to avoid possible horror bills in further cases

I hope it won't come to that. I certainly won't be submitting any editorial photos of magazines or newspapers.

MicrostockGroup Sponsors

Author Topic: Intellectual property infringement claim against Alamy - Email (Read 1011 times)

ShadySue

oooo

dragonblade

Related Topics

Sponsors

Microstock Poll Results

Sponsors