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Microstock Photography Forum - General => General Stock Discussion => Topic started by: PaulieWalnuts on May 17, 2021, 05:25

Title: Alamy Revised Contract, More "Good News"
Post by: PaulieWalnuts on May 17, 2021, 05:25
Alamy has copied the micros with a carrot/stick jump through the flaming hoop tiered commission model. Enjoy.

https://www.alamy.com/terms/contributor-contract-changes.aspx? (https://www.alamy.com/terms/contributor-contract-changes.aspx?)
Title: Re: Alamy Revised Contract, More "Good News"
Post by: offisapup on May 17, 2021, 06:01
This is another useful link regarding the changes.

https://www.alamy.com/blog/new-contributor-commission-structure?utm_campaign=1935473_Contract%20Change%202021&utm_medium=email&utm_source=contributoremail&dm_i=2SWW,15HF5,798MUA,4FXDQ,1 (https://www.alamy.com/blog/new-contributor-commission-structure?utm_campaign=1935473_Contract%20Change%202021&utm_medium=email&utm_source=contributoremail&dm_i=2SWW,15HF5,798MUA,4FXDQ,1)

It's pretty bad but not as bad as other agencies. There's no reset and if you make 250$ in a year, you get your 40 percent.

Contributors selling exclusive are getting affected the worst and that's quite terrible. There's no way most of us are making 25,000$ at Alamy in a year to get the 50 percent. So there's really no point to selling exclusive to Alamy anymore.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: kall3bu on May 17, 2021, 06:10
And another agency, which treats the contributors, who sells not that much.

I was already bored uploading to them, while via wirestock 99% of my images got approved.
Now it is even better selling via wirestock, because I hope, they will minimum keep on a gold member.

And yes, exclusive: I was thinking of it for the future, but now I know I will delete my account on alamy and upload all again via wirestock.

Like Adobe only want their best seller and all the other agencies, too.

Thats the way to force the small contributor portfolio away without force them to leave. They will leave on their own.

Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 17, 2021, 07:26
While all the fire at the moment is understandably on the commission cut, some of the other clauses bear close scrutiny, especially when we remember how semi-innocent-sounding clauses ended up being used by Getty.

For example:
"4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;"   which would grant them the right to sell images we designated RM as RF, which obviously conflicts with RF-exclusive contracts elsewhere.

"4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world."
I don't see how that can possibly be legal, but presumably PA have had their lawyers look over the new contract.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: uvox4 on May 17, 2021, 07:36
While all the fire at the moment is understandably on the commission cut, some of the other clauses bear close scrutiny, especially when we remember how semi-innocent-sounding clauses ended up being used by Getty.

For example:
"4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;"   which would grant them the right to sell images we designated RM as RF, which obviously conflicts with RF-exclusive contracts elsewhere.

"4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world."
I don't see how that can possibly be legal, but presumably PA have had their lawyers look over the new contract.

I have read 4.1.5. A few times. I am not sure what it is saying. Is it not matter how the content is licensed they can change it to suit themselves?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 17, 2021, 07:42
While all the fire at the moment is understandably on the commission cut, some of the other clauses bear close scrutiny, especially when we remember how semi-innocent-sounding clauses ended up being used by Getty.

For example:
"4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;"   which would grant them the right to sell images we designated RM as RF, which obviously conflicts with RF-exclusive contracts elsewhere.

"4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world."
I don't see how that can possibly be legal, but presumably PA have had their lawyers look over the new contract.

I have read 4.1.5. A few times. I am not sure what it is saying. Is it not matter how the content is licensed they can change it to suit themselves?
That's what I said.
It also means they could designate content to be 'free content' for any purpose which suited them.
We are dealing with PA now, not the old Alamy.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: SuperPhoto on May 17, 2021, 08:53
who/what is "PA"?

While all the fire at the moment is understandably on the commission cut, some of the other clauses bear close scrutiny, especially when we remember how semi-innocent-sounding clauses ended up being used by Getty.

For example:
"4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;"   which would grant them the right to sell images we designated RM as RF, which obviously conflicts with RF-exclusive contracts elsewhere.

"4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world."
I don't see how that can possibly be legal, but presumably PA have had their lawyers look over the new contract.

I have read 4.1.5. A few times. I am not sure what it is saying. Is it not matter how the content is licensed they can change it to suit themselves?
That's what I said.
It also means they could designate content to be 'free content' for any purpose which suited them.
We are dealing with PA now, not the old Alamy.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ravens on May 17, 2021, 09:10
While all the fire at the moment is understandably on the commission cut, some of the other clauses bear close scrutiny, especially when we remember how semi-innocent-sounding clauses ended up being used by Getty.

For example:
"4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;"   which would grant them the right to sell images we designated RM as RF, which obviously conflicts with RF-exclusive contracts elsewhere.

"4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world."
I don't see how that can possibly be legal, but presumably PA have had their lawyers look over the new contract.

Wonder if this means that there is no disabling Personal Use?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 17, 2021, 09:23
who/what is "PA"?
https://www.pressgazette.co.uk/pa-group-acquires-stock-images-firm-alamy (https://www.pressgazette.co.uk/pa-group-acquires-stock-images-firm-alamy)
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 17, 2021, 09:38
While all the fire at the moment is understandably on the commission cut, some of the other clauses bear close scrutiny, especially when we remember how semi-innocent-sounding clauses ended up being used by Getty.

For example:
"4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;"   which would grant them the right to sell images we designated RM as RF, which obviously conflicts with RF-exclusive contracts elsewhere.

"4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world."
I don't see how that can possibly be legal, but presumably PA have had their lawyers look over the new contract.

Wonder if this means that there is no disabling Personal Use?
Who knows what they are intending? But they are certainly widening their options for that to happen.
Meanwhile, although on the distribution page, it says you can't opt out til April, you actually can, they have apparently extended the ability to opt out for three months.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Firn on May 17, 2021, 09:52

Meanwhile, although on the distribution page, it says you can't opt out til April, you actually can, they have apparently extended the ability to opt out for three months.

Can you tell me where to find that option? I've searched anywhere, but can't find it. Never bothered me all that much before, but with yet another commissionc ut I'd like to opt out.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 17, 2021, 09:59

Meanwhile, although on the distribution page, it says you can't opt out til April, you actually can, they have apparently extended the ability to opt out for three months.

Can you tell me where to find that option? I've searched anywhere, but can't find it. Never bothered me all that much before, but with yet another commissionc ut I'd like to opt out.
https://www.alamy.com/distribution-terms.aspx (https://www.alamy.com/distribution-terms.aspx)
Title: Re: Alamy Revised Contract, More "Good News"
Post by: BalkanskiMacak on May 17, 2021, 10:12
In case, here's Alamy director's Linkedin. I think she may want to know personally what we're thinking of such things...

https://www.linkedin.com/in/emily-shelley-0b71a149/ (https://www.linkedin.com/in/emily-shelley-0b71a149/)
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 17, 2021, 10:22
In case, here's Alamy director's Linkedin. I think she may want to know personally what we're thinking of such things...

https://www.linkedin.com/in/emily-shelley-0b71a149/ (https://www.linkedin.com/in/emily-shelley-0b71a149/)
She could hardly have expected us to be pleased.
Almost everyone on lower sales; really nasty contract clauses.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: BalkanskiMacak on May 17, 2021, 10:24
In case, here's Alamy director's Linkedin. I think she may want to know personally what we're thinking of such things...

https://www.linkedin.com/in/emily-shelley-0b71a149/ (https://www.linkedin.com/in/emily-shelley-0b71a149/)
She could hardly have expected us to be pleased.
Almost everyone on lower sales; really nasty contract clauses.

Indeed, but unless she's starting to be seriously questioned, including personally, I guess nothing will change. I think staffs need to be pressured to leave or to bear the consequences.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: PaulieWalnuts on May 17, 2021, 10:39
who/what is "PA"?
https://www.pressgazette.co.uk/pa-group-acquires-stock-images-firm-alamy (https://www.pressgazette.co.uk/pa-group-acquires-stock-images-firm-alamy)

I wasn't even aware this happened. Seems they're trying to get more return out of their investment using SS and IS as a template of how to wring contributors dry. I stopped submitting to stock sites years ago. I keep hoping something is going to turn around to give me an incentive to start producing stock again but this is just another move in the wrong direction for us.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Sean Locke Photography on May 17, 2021, 10:56
Sigh.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: blue on May 17, 2021, 11:22
If I'm not wrong, considering the License Fee, the commissions for sales via Distributors will be :
- Gold and Platinum : 40% for Distributor, 36% for Alamy, 24% for contributor
- Silver : 40% for Distributor, 48% for Alamy, 12% for contributor

For now these commissions are :
- 40% for Distributor, 30% for Alamy, 30% for contributor
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ravens on May 17, 2021, 12:42

Emily Shelley's email is stated in the blog post. Why not email her?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Firn on May 17, 2021, 14:37

Meanwhile, although on the distribution page, it says you can't opt out til April, you actually can, they have apparently extended the ability to opt out for three months.

Can you tell me where to find that option? I've searched anywhere, but can't find it. Never bothered me all that much before, but with yet another commissionc ut I'd like to opt out.
https://www.alamy.com/distribution-terms.aspx (https://www.alamy.com/distribution-terms.aspx)
Thank you!
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Noedelhap on May 17, 2021, 15:02
Alamy sells like crap so I think this will be the end for me then. I haven't received the exciting news yet, but I'm considering closing my account.

If they don't want to show us respect, screw them.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: falantus on May 17, 2021, 16:50
Alamy sells like crap so I think this will be the end for me then. I haven't received the exciting news yet, but I'm considering closing my account.

If they don't want to show us respect, screw them.

likewise :)
Title: Re: Alamy Revised Contract, More "Good News"
Post by: alexandersr on May 17, 2021, 17:50
20% and 17% , another that bites the dust,another that bites the dust :(
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Uncle Pete on May 17, 2021, 22:01
I'm happy that someone started a thread with Q&A because I just looked and thought, what the heck just happened and what does all of this mean. I'll keep reading.

If I'm not wrong, considering the License Fee, the commissions for sales via Distributors will be :
- Gold and Platinum : 40% for Distributor, 36% for Alamy, 24% for contributor
- Silver : 40% for Distributor, 48% for Alamy, 12% for contributor

For now these commissions are :
- 40% for Distributor, 30% for Alamy, 30% for contributor

Is that what it says? Very disappointing. I don't mind lower sales volume when I get 50% but if somehow they are going to flip us down to 24%, that's really bad news.

Summary:  https://en.wikipedia.org/wiki/PA_Media
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ravens on May 18, 2021, 01:38

Meanwhile, although on the distribution page, it says you can't opt out til April, you actually can, they have apparently extended the ability to opt out for three months.

Can you tell me where to find that option? I've searched anywhere, but can't find it. Never bothered me all that much before, but with yet another commissionc ut I'd like to opt out.
https://www.alamy.com/distribution-terms.aspx (https://www.alamy.com/distribution-terms.aspx)

For me this page says, "you can opt out again in April" .

The entire contract is unbelievable. Alamy has no liability of anything and the contributor is liable of everything. They (and their distributors) can use our images free for marketing, etc. (11.5 and 15.1)
Title: Re: Alamy Revised Contract, More "Good News"
Post by: douglas on May 18, 2021, 02:36
]For me this page says, "you can opt out again in April"

It says that for everyone but, as Sue pointed out, it's not true.. you can opt out now as I did.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Firn on May 18, 2021, 03:22
They (and their distributors) can use our images free for marketing, etc. (11.5 and 15.1)

I am quite sure that's pretty much standard with every agency.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 18, 2021, 04:31

Meanwhile, although on the distribution page, it says you can't opt out til April, you actually can, they have apparently extended the ability to opt out for three months.

Can you tell me where to find that option? I've searched anywhere, but can't find it. Never bothered me all that much before, but with yet another commissionc ut I'd like to opt out.
https://www.alamy.com/distribution-terms.aspx (https://www.alamy.com/distribution-terms.aspx)

For me this page says, "you can opt out again in April" .

The entire contract is unbelievable. Alamy has no liability of anything and the contributor is liable of everything. They (and their distributors) can use our images free for marketing, etc. (11.5 and 15.1)

Indeed it says you can opt out again in April, but apparently they have extended it by three months and in fact we can opt out now. You can't believe what they say!

It's moot with the new clauses anyway., which allow them to sell license however they want, without restrictions.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ravens on May 18, 2021, 05:36
They (and their distributors) can use our images free for marketing, etc. (11.5 and 15.1)

I am quite sure that's pretty much standard with every agency.

Read 15.1. and 15.1.3.
"by Alamy" is missing...
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ravens on May 18, 2021, 05:41

Meanwhile, although on the distribution page, it says you can't opt out til April, you actually can, they have apparently extended the ability to opt out for three months.

Can you tell me where to find that option? I've searched anywhere, but can't find it. Never bothered me all that much before, but with yet another commissionc ut I'd like to opt out.
https://www.alamy.com/distribution-terms.aspx (https://www.alamy.com/distribution-terms.aspx)

For me this page says, "you can opt out again in April" .

The entire contract is unbelievable. Alamy has no liability of anything and the contributor is liable of everything. They (and their distributors) can use our images free for marketing, etc. (11.5 and 15.1)

Indeed it says you can opt out again in April, but apparently they have extended it by three months and in fact we can opt out now. You can't believe what they say!

It's moot with the new clauses anyway., which allow them to sell license however they want, without restrictions.

Thanks, ShadySue - yes, opt out is indeed possible.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Firn on May 18, 2021, 06:18
.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: H2O on May 18, 2021, 07:03
Commission cuts always follow when a company gets shareholders.

Their next move will of course be more commission cuts.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Uncle Pete on May 18, 2021, 08:37
Commission cuts always follow when a company gets shareholders.

Their next move will of course be more commission cuts.

When did Alamy get share holders?

Also when the company is sold to someone new, who will always try to get more of the value, that wasn't tapped before. 11 Feb 2020: PA Media Group has bought stock images business Alamy for an undisclosed fee, the company has announced.

“Alamy can look forward to a fantastic future as part of the PA Media Group.”  ::)

And the obvious?

Alamy prides itself on offering a better commission rate than most other agencies. Will PA Media Group continue to offer the same commission rates to Alamy’s existing contributors?

There are no plans to change that.

Yeah we all believed that lie, as soon as Alamy was sold. Here we are with the new "no plans" changes, as expected.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: PaulieWalnuts on May 18, 2021, 08:59
Commission cuts always follow when a company gets shareholders.

Their next move will of course be more commission cuts.

When did Alamy get share holders?

Also when the company is sold to someone new, who will always try to get more of the value, that wasn't tapped before. 11 Feb 2020: PA Media Group has bought stock images business Alamy for an undisclosed fee, the company has announced.

“Alamy can look forward to a fantastic future as part of the PA Media Group.”  ::)

And the obvious?

Alamy prides itself on offering a better commission rate than most other agencies. Will PA Media Group continue to offer the same commission rates to Alamy’s existing contributors?

There are no plans to change that.

Yeah we all believed that lie, as soon as Alamy was sold. Here we are with the new "no plans" changes, as expected.

LOL. Here's what it should have said.

"There are no plans to change that... for now"
"There are no plans to change that... until our plans change"
"There are no plans to change that... and by change we mean no increase"

Seriously, is anyone making a profit doing this anymore? What percentage of people even track profitability? Or is this just now hobbyists who don't care how much they spend on their hobby while these companies get filthy rich?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Perry on May 18, 2021, 09:12
So, opting out from distributor sales is the thing now? :( Is there any agency that understand it's the contributors who makes the images?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Uncle Pete on May 18, 2021, 09:20
Commission cuts always follow when a company gets shareholders.

Their next move will of course be more commission cuts.

When did Alamy get share holders?

Also when the company is sold to someone new, who will always try to get more of the value, that wasn't tapped before. 11 Feb 2020: PA Media Group has bought stock images business Alamy for an undisclosed fee, the company has announced.

“Alamy can look forward to a fantastic future as part of the PA Media Group.”  ::)

And the obvious?

Alamy prides itself on offering a better commission rate than most other agencies. Will PA Media Group continue to offer the same commission rates to Alamy’s existing contributors?

There are no plans to change that.

Yeah we all believed that lie, as soon as Alamy was sold. Here we are with the new "no plans" changes, as expected.

LOL. Here's what it should have said.

"There are no plans to change that... for now"
"There are no plans to change that... until our plans change"
"There are no plans to change that... and by change we mean no increase"

Seriously, is anyone making a profit doing this anymore? What percentage of people even track profitability? Or is this just now hobbyists who don't care how much they spend on their hobby while these companies get filthy rich?

Yes, there are no plans to change that... YET!

Profitability? Back before the agencies, one by one, pulled the rug out from under our feet, there might have been some long term value in the residuals from years of work and building. That's been taken away.

Some people can still make some money, income and have some value in Microstock. Most people can't and won't. New people more and more, have no chance.

I wouldn't need to write a whole book, how to make money on Microstock, to tell someone how they might have better profits.

Reduce the cost of production and related expenses. Minimal equipment investment, a nice crop camera for example, one prime lens, a good solid tripod, shoot natural light. Or as Terry has proven, "Plop and Shoot" you can use the on camera flash.

How much should anyone invest in time and equipment for a dime?   ;D

Title: Re: Alamy Revised Contract, More "Good News"
Post by: Uncle Pete on May 18, 2021, 09:27
So, opting out from distributor sales is the thing now? :( Is there any agency that understand it's the contributors who makes the images?

Not sure if I understand what you wrote. API partners and distributors are the big thing for agencies right now. They can sell many more image licenses, on many more websites. There is competition for associations with the partner sites. Agencies don't much care about artists or new images. They have hundreds of millions of "good enough" images.

While the artists control the product and production, there are just too many images and our product has become a common commodity in most cases. Some examples are outstanding. Some images are unique enough. But most of the sales are common, abundant, simple shots and illustrations, for a moderately common need. That's stock. For other materials, buyers might hire someone or do some kind of mission to attract specific artwork.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Fairplay on May 18, 2021, 09:44
BTW if you sell images on Panthermedia your portfolio is on Alamy in their account. In the search you can see the competing duplicates of your images and if somebody buys some of them you will make less money and it will be harder to achieve the $250 to stay at 40% commission level.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Noedelhap on May 18, 2021, 10:50
The option below in my account is already unchecked, so that means I'm already opted out of this exciting deal right?

"Occasionally we have fantastic deals and partnerships with Alamy approved third parties, opt-in to take advantage (Don’t worry, we’ll never sell or share your details.)"
Title: Re: Alamy Revised Contract, More "Good News"
Post by: blue on May 18, 2021, 11:46
The option below in my account is already unchecked, so that means I'm already opted out of this exciting deal right?

"Occasionally we have fantastic deals and partnerships with Alamy approved third parties, opt-in to take advantage (Don’t worry, we’ll never sell or share your details.)"
No, that's only concerning your email preferences. Alamy's ditribution scheme option is here https://www.alamy.com/distribution-terms.aspx (https://www.alamy.com/distribution-terms.aspx), in the "Additional revenue options" of your Alamy dashboard.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Noedelhap on May 18, 2021, 12:44
The option below in my account is already unchecked, so that means I'm already opted out of this exciting deal right?

"Occasionally we have fantastic deals and partnerships with Alamy approved third parties, opt-in to take advantage (Don’t worry, we’ll never sell or share your details.)"
No, that's only concerning your email preferences. Alamy's ditribution scheme option is here https://www.alamy.com/distribution-terms.aspx (https://www.alamy.com/distribution-terms.aspx), in the "Additional revenue options" of your Alamy dashboard.

Thanks.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Noedelhap on May 18, 2021, 12:54
Interesting how the NUJ union pleaded to treat contributors fairly after the takeover by PA Media:
https://www.nuj.org.uk/resource/nuj-calls-on-pa-media-group-to-treat-photographers-fairly.html (https://www.nuj.org.uk/resource/nuj-calls-on-pa-media-group-to-treat-photographers-fairly.html)

But greedy PA Media refused to listen and shaft everyone.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Orchidpoet on May 18, 2021, 13:46
What happens to the exclusive images?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 18, 2021, 13:53
What happens to the exclusive images?
They earn less than before, no different from non-exclusive.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Orchidpoet on May 18, 2021, 14:31
What happens to the exclusive images?
They earn less than before, no different from non-exclusive.

Would you like to explain in what way? Thanks.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 18, 2021, 14:36
What happens to the exclusive images?
They earn less than before, no different from non-exclusive.

Would you like to explain in what way? Thanks.
All the relevant info is here:
https://www.alamy.com/terms/contributor-contract-changes.aspx (https://www.alamy.com/terms/contributor-contract-changes.aspx)
Be sure to check out some of the new clauses in the contract as well as the commission reductions. These worry me even more than the pay cut.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Orchidpoet on May 18, 2021, 15:04
What happens to the exclusive images?
They earn less than before, no different from non-exclusive.

Would you like to explain in what way? Thanks.
All the relevant info is here:
https://www.alamy.com/terms/contributor-contract-changes.aspx (https://www.alamy.com/terms/contributor-contract-changes.aspx)
Be sure to check out some of the new clauses in the contract as well as the commission reductions. These worry me even more than the pay cut.

I wonder what i missed. It seems that the exclusive images still get 50%. I have opted out of certain distribution sales.

What else are you worried about? Selling RM as RF?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 18, 2021, 15:21
What happens to the exclusive images?
They earn less than before, no different from non-exclusive.

Would you like to explain in what way? Thanks.
All the relevant info is here:
https://www.alamy.com/terms/contributor-contract-changes.aspx (https://www.alamy.com/terms/contributor-contract-changes.aspx)
Be sure to check out some of the new clauses in the contract as well as the commission reductions. These worry me even more than the pay cut.

I wonder what i missed. It seems that the exclusive images still get 50%. I have opted out of certain distribution sales.

What else are you worried about? Selling RM as RF?

I don't see where you see exclusives will get 50% - except for those in Platinum.
To reach Platinum/50%:
"If you are not an Agency Contributor and your total License Fees for Content sales in any one Revenue Year (starting 1 July 2020), net of any refunds, are greater than or equal to $25,000 then the Alamy Commission for the following Revenue Year for Content that is Exclusive to Alamy will automatically switch to Alamy Platinum as outlined in the Alamy Commission Table." (12.14)
If you're in that income group, congratulations, but by far the majority of suppliers do not have that value of sales from Alamy, so will get "Gold"/40% and the lower earners, under $250pa, will drop further, to 20%.

Yes, as I'm iS exclusive, I suspect PA will try to sell RF, even though all my Alamy files are designated as RM.
I'm also extremely concerned about this:
"4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world."
Apart from anything else, why is Alamy expressly allowing themselves to use files in any of these ways? They are clearly shifting any responsibility to the supplier, the only ones they don't cover in that clause. But in any case, that's not how I want my content to be used. They should be educating the buyers, not endangering the content creators.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Orchidpoet on May 18, 2021, 15:49
If our contract allows us to designate our images as RM, if Alamy sells them as RF, it's Alamy in breach and not us. I doubt if it is the case. I suspect their will merely make the a very generous RM term.

I don't see where the terms for the exclusives.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 18, 2021, 15:55
If our contract allows us to designate our images as RM, if Alamy sells them as RF, it's Alamy in breach and not us. I doubt if it is the case. I suspect their will merely make the a very generous RM term.

I don't see where the terms for the exclusives.
They have changed the contract. If we agree to the new contract, we agree to their new terms.

No exclusives, inasmuch as although we could place images exclusively there, there is no benefit in doing so.
Allegedly, this was because people were abusing exclusivity - which no doubt was happening to an extent: but it's just an excuse.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Orchidpoet on May 18, 2021, 18:56
The question is, do they still allow us to place the images as RM? If RM does not exist, then they should inform us.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 18, 2021, 20:20
The question is, do they still allow us to place the images as RM? If RM does not exist, then they should inform us.
At the moment yes, but they have reserved the right to sell RM as RF, or not to licence 'for money' at all.
Read what they've written. They have introduced a lot of sneaky new clauses, knowing that most people will understandably focus on the pay cuts.
Just think about the weasel words:
"there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;" (the second 'be' is superfluous. Their proof reading isn't great.)

Go and look at the very long discussion on their forum. Mostly focussed on the pay cut, but some concerns about the clauses.
https://discussion.alamy.com/topic/14386-contract-change-2021-official-thread (https://discussion.alamy.com/topic/14386-contract-change-2021-official-thread)
One might even speculate that they're going to cave in or compromise about the pay cut, which bizarrely they claim won't impact their bottom line (so why do it?), and people will be so happy the unacceptable clauses will fly through unchallenged.

I don't care if they say they won't do this, or they won't do that. The fact that their contract allows them to do something (just about anything in this case) means they're thinking about it. They have already reneged on PS's pledge that contributor commisions wouldn't change.

Also being discussed on Twitter:
https://twitter.com/AlamyContent/status/1394223669690322947 (https://twitter.com/AlamyContent/status/1394223669690322947)

And remember: "Scratch any cynic and you will find a disappointed idealist." (George Carlin)




Title: Re: Alamy Revised Contract, More "Good News"
Post by: douglas on May 19, 2021, 06:09
Given there is no point now in having exclusive images on Alamy, is there a way to globally change all of a portfolio to non-exclusive? I know you can make default settings for future uploads but can you make the change en masse for existing images? Alternatively, as 95% of my Alamy images currently are exclusive, any suggestions for another agency where it makes sense to have exclusive images (these were uploaded to Alamy on the premise that they were different to the bog-standard stock stuff for other sites)?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Rage on May 20, 2021, 09:31
Even in the current setup Alamy's a little confusing in commission for most sales

30% is Alamy
40% is distributor commission

So you essentially end up with some 30% even now or am i missing something.

With the new format, the distributor will still continue to take their cut of 40% and Alamy will take 80% of the rest so you get an amazing 12% . Are they determined to make Shutterstock look like the good guys

 Alamy's been such a small earner that never really looked into it
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 20, 2021, 09:42
Even in the current setup Alamy's a little confusing in commission for most sales

30% is Alamy
40% is distributor commission

So you essentially end up with some 30% even now or am i missing something. Alamy's been such a small earner that never really looked into it
Yes, it's 30% to us now for sales via distributors.


The new deal says:
For Content sales via our Distributors after deduction of Distributor fee or commission will be 60% Alamy, 40% to us. The chart should be much more transparent - the new chart doesn't even specify that the distributor commission will be 40%.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: pancaketom on May 20, 2021, 13:35
I don't see anything good in the new terms. The $ percentages aren't that bad as getting 250$ net is pretty easy and getting $25000 is pretty impossible. I can't say the little details are good though. I don't even really see how they can say some of the things they do, but I am guessing either their lawyers said it was good or just figure they will try and if it gets struck down they lose nothing.

In other news I also got a few low low priced sales there (I get down to 8 cents) as well as a refund of the one good sale this month. It certainly is not very motivating.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: oooo on May 20, 2021, 14:06
Quote
For Content sales via our Distributors after deduction of Distributor fee or commission will be 60% Alamy, 40% to us. The chart should be much more transparent - the new chart doesn't even specify that the distributor commission will be 40%.


yes nice deal : and in return, vice versa from sales through alamy for content from the distributor
                the distributor-contributor gets a percentage after the Alamy fee



win win situation


take the effort to calculate your real percentage of the original customer selling price,
you will be shocked of a very small one-digit number
Title: Re: Alamy Revised Contract, More "Good News"
Post by: blue on May 20, 2021, 16:17
If I'm not wrong, considering the License Fee, the commissions for sales via Distributors will be :
- Gold and Platinum : 40% for Distributor, 36% for Alamy, 24% for contributor
- Silver : 40% for Distributor, 48% for Alamy, 12% for contributor

For now these commissions are :
- 40% for Distributor, 30% for Alamy, 30% for contributor
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 20, 2021, 17:13
If I'm not wrong, considering the License Fee, the commissions for sales via Distributors will be :
- Gold and Platinum : 40% for Distributor, 36% for Alamy, 24% for contributor
- Silver : 40% for Distributor, 48% for Alamy, 12% for contributor

For now these commissions are :
- 40% for Distributor, 30% for Alamy, 30% for contributor
Can you please tell me where you see what the distributor will get?
It's not on the "Has been replaced by the following table:" chart, which would be the most logical place to put it.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: blue on May 21, 2021, 02:47
If I'm not wrong, considering the License Fee, the commissions for sales via Distributors will be :
- Gold and Platinum : 40% for Distributor, 36% for Alamy, 24% for contributor
- Silver : 40% for Distributor, 48% for Alamy, 12% for contributor

For now these commissions are :
- 40% for Distributor, 30% for Alamy, 30% for contributor
Can you please tell me where you see what the distributor will get?
It's not on the "Has been replaced by the following table:" chart, which would be the most logical place to put it.
I did not find this information either, I just used the current distributor's share (40%) to make the comparison.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ravens on May 21, 2021, 04:51
They are slashing our royalties AND are ready to license our images any way they want, even grant them free.

This must be the most exciting news ever.

What are contributors doing to resist this? Is there a plan of action?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 21, 2021, 05:11
They are slashing our royalties AND are ready to license our images any way they want, even grant them free.

This must be the most exciting news ever.

What are contributors doing to resist this? Is there a plan of action?

Have you read the forum over there?

Has a plan of action ever worked before?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ShadySue on May 21, 2021, 05:13
If I'm not wrong, considering the License Fee, the commissions for sales via Distributors will be :
- Gold and Platinum : 40% for Distributor, 36% for Alamy, 24% for contributor
- Silver : 40% for Distributor, 48% for Alamy, 12% for contributor

For now these commissions are :
- 40% for Distributor, 30% for Alamy, 30% for contributor
Can you please tell me where you see what the distributor will get?
It's not on the "Has been replaced by the following table:" chart, which would be the most logical place to put it.
I did not find this information either, I just used the current distributor's share (40%) to make the comparison.

OK, fair enough as an example comparison only

NOT showing what the distributer share will be is just one example of the lack of transparency in the new contract which worries me even more than the commission cut.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Uncle Pete on May 21, 2021, 10:33
The question is, do they still allow us to place the images as RM? If RM does not exist, then they should inform us.

And why did we get the notice about having them investigate use for exclusive images, if there aren't going to be exclusive images?

"If you're in that income group, congratulations, but by far the majority of suppliers do not have that value of sales from Alamy, so will get "Gold"/40% and the lower earners, under $250pa, will drop further, to 20%."

Really, so the incentive for people to upload more will be, we're paying you 20% less for your work? More like a punishment or desire to weed out low earners?

Every image that I haven't bothered to upload to Wirestock and click Alamy will now be included there, instead of my uploads to Alamy for myself. That way I'll get the higher commission and give WS 15% of that. Simple math, I'll make more!
Title: Re: Alamy Revised Contract, More "Good News"
Post by: kall3bu on May 21, 2021, 12:22
Exactly!

wirestock gets the 40% (they told me they have defenitly more tha 250 per year), then they cut the 15%, which makes for us contributors: instead of getting 40%, we get 34%, BUT NOT THE crap 20%

I closed my account on Alamy. In 45 days I can just click on the images in wirestock for submit to alamy.
Because I also nearly closing my account on Adobe, it is the same way. Deposit: I also delete there and click on deposit in wirestock later for deposit.
What I will leave on Adobe, Deposit: What wirestock did not accept because of similary, but Adobe and Depüosit later on accepted. So, might be I will get my payout on Adobe and Deposit not before I die, but it might be just nice to see: Hey, you got a sale! LOL
But the real money I make via wirestock. I sold anyway more there than on the personal accounts.

And before dreamstime comes around with their new exciting announcement:
I will move all images from there also to wirestock. Even I would get more money for each sale on dreamstime, but I do not want to dream, when i get paid from dreamstime with its contributor unfriendly 100 $ limit! No! Then I am okay with the cut of 15% from wirestock and I will get faster money from my images.

AND: Everything getting much easier: uploading, (well, keywording not really, if we really care on our images and sales, then better we keyword ourselve.)
Title: Re: Alamy Revised Contract, More "Good News"
Post by: csm on May 21, 2021, 17:20
Exactly!

wirestock gets the 40% (they told me they have defenitly more tha 250 per year), then they cut the 15%, which makes for us contributors: instead of getting 40%, we get 34%, BUT NOT THE crap 20%

I closed my account on Alamy. In 45 days I can just click on the images in wirestock for submit to alamy.
Because I also nearly closing my account on Adobe, it is the same way. Deposit: I also delete there and click on deposit in wirestock later for deposit.
What I will leave on Adobe, Deposit: What wirestock did not accept because of similary, but Adobe and Depüosit later on accepted. So, might be I will get my payout on Adobe and Deposit not before I die, but it might be just nice to see: Hey, you got a sale! LOL
But the real money I make via wirestock. I sold anyway more there than on the personal accounts.

And before dreamstime comes around with their new exciting announcement:
I will move all images from there also to wirestock. Even I would get more money for each sale on dreamstime, but I do not want to dream, when i get paid from dreamstime with its contributor unfriendly 100 $ limit! No! Then I am okay with the cut of 15% from wirestock and I will get faster money from my images.

AND: Everything getting much easier: uploading, (well, keywording not really, if we really care on our images and sales, then better we keyword ourselve.)

What happens if Wirestock decide to change their terms and conditions for a higher fee or goes under in 5 years time?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: kall3bu on May 22, 2021, 03:19
Then it is even not worth it to upload anywhere, well, in real it is not worth it anymore NOW already.
Even for me, who is not doing it for profit -  more for a hobby. but seeing what these agencies doing with us - respectless like it is - so even for me the motivation gets lost.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: ravens on May 22, 2021, 10:34
They are slashing our royalties AND are ready to license our images any way they want, even grant them free.

This must be the most exciting news ever.

What are contributors doing to resist this? Is there a plan of action?

Have you read the forum over there?

Has a plan of action ever worked before?
Well, the last time Alamy did introduce the 50/50 deal, when contributors complained about new contract and the payment cut. That is when action was actually helpful.

Their official response was just full of explanations and excuses.

Where is the Stock Coalition now?
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Orchidpoet on May 22, 2021, 10:57
The question is, do they still allow us to place the images as RM? If RM does not exist, then they should inform us.

And why did we get the notice about having them investigate use for exclusive images, if there aren't going to be exclusive images?

"If you're in that income group, congratulations, but by far the majority of suppliers do not have that value of sales from Alamy, so will get "Gold"/40% and the lower earners, under $250pa, will drop further, to 20%."

Really, so the incentive for people to upload more will be, we're paying you 20% less for your work? More like a punishment or desire to weed out low earners?

Every image that I haven't bothered to upload to Wirestock and click Alamy will now be included there, instead of my uploads to Alamy for myself. That way I'll get the higher commission and give WS 15% of that. Simple math, I'll make more!

That's a good point.

At least for now, it is not difficult for me to generate $250 sales in a year. If the income declines more, I will not be there either.

I hope Alamy will not make it more and more irrelevant.
Title: Re: Alamy Revised Contract, More "Good News"
Post by: Jo Ann Snover on June 09, 2021, 11:45
In case some hadn't seen this, Alamy has revised the contract (slightly) and reset the 45 day clock to accept - it's now July 24th.

They posted about the changes in the contributor forum - here's a link to that post (the thread is massive) made earlier today

https://discussion.alamy.com/topic/14386-contract-change-2021-official-thread/?do=findComment&comment=290586