Exclusivity used to just apply to RF images. You could have RM images with Alamy and still be able to be exclusive. In another forum it has now been announced that this is no longer the case. If you have any images at Alamy you will not be eligible for exclusivity.

The original thread can be found on in the micropayment yahoo group.

So I wonder what that means for exclusives who already have images at Alamy.

wow, that is an interesting find. Thanks for posting that.  Here is what the quote from istock was

Quote

"In the 'RM' agreement signed with Alamy - they reserve the right to change the agreement to RF at any time with 45 days notice to you. As files are held on their site for a 6 month period, we unfortunately would not be able to approve your exclusivity application with files posted on Alamy."

Untrue. Have a read of the agreement at Alamy:

6.2 Where you appoint Alamy as your licensee to grant Royalty Free Licences or Rights Managed - Exclusive Licences in respect of an Image, Alamy may vary the Licences it grants in respect of that Image from Royalty Free or Rights Managed-Exclusive to Rights Managed-by giving 45 days prior notice to you at any time. If you notify Alamy during the 45 day notice period that you do not agree to such variation then Alamy may either continue to grant Licences in accordance with the original licence type in respect of that Image or, at Alamy�s option, may delete that Image from the System.

They can change a licence with 45 days notice but if you don't agree either the change won't happen or the image will be deleted. As long as you refuse any change to RF then you're not breaching the istock exclusivity agreement.

It's not an announcement in the way that you are thinking of them. Like Bruce posting that he's leaving. This is more like the way that most of us get our information. An IS contributor tried to become exclusive and was denied because he has RM images on Alamy. He posted the situation to the Yahoo group and Leaf has already quoted what the contributor was told by IS as the reason why he was denied.

Craig - this was brought up in the Yahoo thread. The answer given by IS was doesn't matter. If you have images on Alamy you can't be exclusive.

Sorry yingyang, I've actually been trying to get istock CR to state selling RM on alamy is ok, and they (CR) are steadfast under the impression that the RF to RM is a two way street regardless of how clearly the clause states it only goes one way.  Supposedly I've been passed on to compliance.  I'm pretty sure CE will clear this up.  There's not really any ambiguity in the clause.

Hopefully CE will clear it up pretty quickly. The response from CR that the contributor in question received is simply untrue. It clearly states that files can only be moved to RF with the owner's permission, as long as you refuse any files being moved to RF then you're only ever selling RM which the istock exclusivity agreement explicitly allows!

I didn't know Alamy could change RM to RF.  In which situations would they do it?

Regards,
Adelaide

Hi Everyone:

I'm the "anonymous" original poster on the Yahoo Microstock group that has run into this Alamy/iStock Exclusivity problem. I've been in microstock and a member of iStock, among other sites, since 2004. But I'm a small player, and keep a low profile.

What was stated on the Yahoo Microstock forum (and recounted here) is correct and factual regarding my correspondence with iStock support. Needless to say, I too was surprised by the response. If you still doubt its credibility, please contact me directly, and I'll be happy to share the email correspondence with you in order to eliminate any doubts you might have. 

My real question: Sean you say that if anyone still has problems with this (which I do), point them to CE. Pardon the (probably) ignorant question, but what is CE?

Regards,

Ron 

Yes, [email protected] .

Thank you, Sean & Azurelaroux. I've emailed CE - we'll see what they say.

Regards,

Ron S.

Seems you were not the only one then as this appeared at the same time on the Alamy forum.

Why I can't: because iStock rejected my application for exclusivity because I have RM (L) images on Alamy. And not the same as those on their site. I agree with you on the interpretation of their policy, this was how I interpreted it too. They seem to see it differently, and I did get it from the horse's mouth. I actually rang them, they were very nice and helpful, and the lady even checked with their legal people again. She later emailed me with the exact part of the Alamy contract that is an issue for them. Possibly an excuse I don't know. I have been with them for a couple of years, also as an 'experiment' and made very little money (I have made many more times that off my own stock site but it has a limited market), but I thought I'd make more of an effort. I may be better off making an effort to shoot good stuff for Alamy or just get a 'real' job. All I know is that they have certainly made a reasonable amount of money off my efforts, my few files with them have had good sales, so it's rather annoying to have the rejection when I was pretty sure others were doing it. It's not like they ever announced that the RM images allowed on other sites didn't include Alamy.

Odd co-incidence?

Schweet!