Author Topic: Alamy Revised Contract, More "Good News" (Read 16189 times)

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?

offisapup · « **Reply #1 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

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.

kall3bu · « **Reply #2 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.

ShadySue · « **Reply #3 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.

uvox4 · « **Reply #4 on:** May 17, 2021, 07:36 »

Quote from: 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.

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?

ShadySue · « **Reply #5 on:** May 17, 2021, 07:42 »

Quote from: uvox4 on May 17, 2021, 07:36

Quote from: 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.

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.

SuperPhoto · « **Reply #6 on:** May 17, 2021, 08:53 »

who/what is "PA"?

Quote from: ShadySue on May 17, 2021, 07:42

Quote from: uvox4 on May 17, 2021, 07:36
Quote from: 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.

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.

ravens · « **Reply #7 on:** May 17, 2021, 09:10 »

Quote from: 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.

Wonder if this means that there is no disabling Personal Use?

ShadySue · « **Reply #8 on:** May 17, 2021, 09:23 »

Quote from: SuperPhoto on May 17, 2021, 08:53

who/what is "PA"?

https://www.pressgazette.co.uk/pa-group-acquires-stock-images-firm-alamy

ShadySue · « **Reply #9 on:** May 17, 2021, 09:38 »

Quote from: ravens on May 17, 2021, 09:10

Quote from: 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.

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.

Firn · « **Reply #10 on:** May 17, 2021, 09:52 »

Quote from: ShadySue on May 17, 2021, 09:38

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.

ShadySue · « **Reply #11 on:** May 17, 2021, 09:59 »

Quote from: Firn on May 17, 2021, 09:52

Quote from: ShadySue on May 17, 2021, 09:38

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

BalkanskiMacak · « **Reply #12 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/

ShadySue · « **Reply #13 on:** May 17, 2021, 10:22 »

Quote from: 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/

She could hardly have expected us to be pleased.
Almost everyone on lower sales; really nasty contract clauses.

BalkanskiMacak · « **Reply #14 on:** May 17, 2021, 10:24 »

Quote from: ShadySue on May 17, 2021, 10:22

Quote from: 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/
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.

PaulieWalnuts · « **Reply #15 on:** May 17, 2021, 10:39 »

Quote from: ShadySue on May 17, 2021, 09:23

Quote from: SuperPhoto on May 17, 2021, 08:53
who/what is "PA"?
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.

Sean Locke Photography · « **Reply #16 on:** May 17, 2021, 10:56 »

Sigh.

blue · « **Reply #17 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

ravens · « **Reply #18 on:** May 17, 2021, 12:42 »

Emily Shelley's email is stated in the blog post. Why not email her?

Firn · « **Reply #19 on:** May 17, 2021, 14:37 »

Quote from: ShadySue on May 17, 2021, 09:59

Quote from: Firn on May 17, 2021, 09:52
Quote from: ShadySue on May 17, 2021, 09:38

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

Thank you!

Noedelhap · « **Reply #20 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.

falantus · « **Reply #21 on:** May 17, 2021, 16:50 »

Quote from: 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.

likewise

alexandersr · « **Reply #22 on:** May 17, 2021, 17:50 »

20% and 17% , another that bites the dust,another that bites the dust

Uncle Pete · « **Reply #23 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.

Quote from: 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

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

ravens · « **Reply #24 on:** May 18, 2021, 01:38 »

Quote from: ShadySue on May 17, 2021, 09:59

Quote from: Firn on May 17, 2021, 09:52
Quote from: ShadySue on May 17, 2021, 09:38

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

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)

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Author Topic: Alamy Revised Contract, More "Good News" (Read 16189 times)

PaulieWalnuts

offisapup

kall3bu

ShadySue

uvox4

ShadySue

SuperPhoto

ravens

ShadySue

ShadySue

Firn

ShadySue

BalkanskiMacak

ShadySue

BalkanskiMacak

PaulieWalnuts

Sean Locke Photography

blue

ravens

Firn

Noedelhap

falantus

alexandersr

Uncle Pete

ravens

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