Record of contract changes

Here’s all the legal info you need to know if you’re working with us

Record of contract changes

Listed in chronoligical order on the left are the dates on which alterations were made to the Contributor contract. Detailed explanations of the amendments made, as well as the previous contract, are available by clicking the required date.

15th June 2016

Amendments - 15th June 2016 (will come into effect for all Contributors on 30th July 2016)

What's changed?

We've removed the "Key terms" section from the start and have now included them within the main body of the contract.

We've made some minor changes to other clauses through the contract (detailed below).

We've added more detail around the "Collecting societies" clause to enable us to claim additional funds for our Contributors unless you choose to opt out or you've previously instructed us not to claim on your behalf.

Why?

We already have a short summary of the contract in the section entitled "The small print in larger print" and the majority of the key terms were duplicated throughout the contract so we've taken this opportunity to tidy things up.

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

  • Where a key term has been moved and it's amended an existing clause or made a new clause we've highlighted that in the table below by naming the change "Amendment – key term" or "New clause – key term" respectively
  • If there has been a spelling or grammatical change then this has not been listed.

Clause Change Original Replacement
Key Terms Removal Previous "Key Terms" definitions have been removed from the top of the contract The majority of Key terms were already in the main body of the contract, any which weren't have been added to the contract
Types of Licence Amendment "Rights Managed Licence" referred to on the website as "Rights Managed" , or "RM" means any Licence granted by Alamy during the period of this contract in respect of any Image defined by the Contributor as Rights Managed and combining rights defined by: territory, period, media, industry, print run and other relevant criteria. "Rights Managed Licence" referred to on the website as "Rights Managed" , or "RM" means any Licence granted by Alamy during the period of this contract in respect of any Image defined by the Contributor as Rights Managed and combining rights defined by: territory, period, media, industry, print run and other relevant criteria including, but not limited to, those in the Licence calculator referred to in clause 8.2.
1.2 Amendment 1.2 The Images must comply with all Alamy's technical, quality, content and other criteria and requirements as set out on the Alamy site at the time of your submission. Alamy reserves the right to delete any Images which do not comply with any of these criteria. 1.2 The Images must comply with all Alamy's technical, quality, content and other criteria and requirements as set out on the Alamy site at the time of your submission. You agree that Alamy and third parties authorised by Alamy have the right to delete any Images which do not comply with any of these criteria or for any other reason at Alamy's sole discretion.
New Clause 1.5 Addition N/A 1.5 You accept that you are solely and exclusively responsible for all Images that you submit and for all data that you store on Alamy's servers. You acknowledge that Alamy does not and cannot review all Images uploaded and is not responsible for the Images. Where Alamy makes available Images this should be considered only as a courtesy and does not limit your responsibility for the Images.
2.1 Amendment 2.1 You must assign the licence types available on the website to each Image you submit, and must ensure that you understand the implications of each licence type(s) you select. You accept that once a licence type is chosen it cannot be changed unless changed by Alamy from royalty free or rights managed-exclusive to rights managed under clause 6.2. 2.1 You must assign the licence types available on the website to each Image you submit, and must ensure that you understand the implications of each licence type(s) you select.
2.3 Amendment You must keep the system up to date at all times by any method notified to you by Alamy including use of 'Manage Images' section of the website and/or any spreadsheet. If you give Alamy permission to update the System, or if Alamy updates the system for any reason, Alamy shall not be liable for any mistakes or omissions. 2.3 You must keep the System up to date at all times by any method notified to you by Alamy including use of the Contributor section of the website and/or any spreadsheet. Without limitation You must update Alamy in respect of any sale on exclusive terms not made via the Alamy System. If you give Alamy permission to update the System, or if Alamy updates the System for any reason, Alamy shall not be liable for any mistakes or omissions.
2.5 New Clause N/A 2.5 You undertake not to use the System for the purposes of uploading, posting, emailing or in any other way processing or forwarding Images in breach of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of data protection laws) or that may in any other way be conceived as threatening, insulting, racist, offensive, vulgar and/or indecent or which involves Infringement of a private individual's personal sphere or the Infringement of a third party trademark or copyright or other intellectual property right.
2.6 New Clause - Key term N/A 2.6 Under this contract (subject to the restrictions stated in the contract) you have the right to supply your Images on a non exclusive basis and may therefore sell your Images in any other way you wish as long as you comply with the terms of this contract.
4.1 Amendment – Key term 4.1 You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times. 4.1 You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy, which we will use to contact you with contractual notifications, operational updates, helpful tips and other relevant information.
4.2 Amendment – key term 4.2 The copyright owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the world in the Image except for the prior rights (if any);

"Prior Rights" means any previous licence or other right granted for the use of that Image. Where an Image has previously been licensed by Alamy and then deleted from the System, prior rights include those previous licences by Alamy.
4.2 You are the Copyright Owner of the Images or have authority from the Copyright Owner to enter into the Contract and that the Copyright Owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the World in the Image except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights;
4.4 Amendment 4.4 You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for digital media, print, motion picture, television, footage, cable, computer, radio, cartoon, merchandising and/or internet, to make the Images available on electronic equipment, and other similar media or via the internet, and to include them in any catalogue, internet sites or marketing in any form ("the Rights"); Except for the prior rights (if any) there is not and will not during the term of this contract be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible. 4.4 You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available for reproduction on physical articles and items including without limitation on prints and posters, to make the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and to include them in any catalogue, Internet sites or marketing in any form ("the Rights"); Subject always to Clause 4.7 except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights there is not and will not during the term of this contract be any limitation or restriction on Alamy licensing each Image to a Customer to the fullest extent possible.
4.7 Amendment 4.7 You have detailed in the relevant fields of the System all licence restrictions and all prior rights applicable to each Image. 4.7 You have detailed in the relevant fields of the System any Licence restrictions that you wish to apply and to cover all rights that have previously been licensed or granted for the use of the Image/s. Alamy also reserves the right to set licence restrictions in relation to the Images.
4.10 Amendment – key terms 4.10 You will ensure that all captions, keywording, descriptions and Pseudonyms, rights management or other information pertaining to the Images are and will remain accurate and do not infringe the copyright or other rights of any third party, and are not defamatory or pornographic. 4.10 You will ensure that all Metadata including without limitation captions, keywording, descriptions and Pseudonyms, rights management or other information pertaining to the Images is and will remain accurate and factually correct and does not infringe the copyright or other rights of any third party, and are not defamatory or pornographic.
4.14 New Clause N/A 4.14 The Image was not taken in any place where photography for commercial gain is forbidden, e.g. some museums, art galleries and other public or private buildings or areas.
6.1 Amendment 6.1 You appoint Alamy as your non-exclusive licensee to exploit all rights in the Images in the territory in all media whether current or yet to be developed, using the System. 6.1 You appoint Alamy as your non-exclusive licensee to exploit all Rights in the Images in the Territory in all media and formats whether current or yet to be developed (including for the avoidance of doubt and without limitation digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, making the Images available for reproduction on physical articles and items including without limitation on prints and posters, making the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and including them in any catalogue, Internet sites or marketing), using the System.
6.7 New clause – key term N/A 6.7 You authorise Alamy to add the Images to one or more of its databases.
11.2 Amendment 11.2 Images which have any restrictions in place will be excluded from the distribution scheme. 11.2 Images which have any restrictions in place may be excluded from the Distribution scheme at Alamy's discretion.
12.1.1.1 Amendment – key term 12.1.1.1 Alamy Commission 12.1.1.1 Alamy Commission, as set out in the Alamy Commission Table that You authorise Alamy to deduct and retain.
12.2.2 Amendment 12.2.2. for each rights managed licence include details of the terms of the licence; 12.2.2. for each rights managed licence include details of the terms of the licence including details of any exclusivity which has been granted;
12.3 Amendment 12.3 If at the start of the first day of any calendar month the cleared funds in your account exceed $75 Alamy will within 30 days pay you the balance due to you being: 12.3 If at the start of the first day of any calendar month the Cleared Funds in your account exceed $75, or such lower amount as is published on the Alamy website from time to time, Alamy will, in accordance with an effective method of transfer selected by you at Registration or in My Alamy at any time, within 30 days pay you the balance due to you being:
12.4.1 Amendment 12.4.1 the amount due is equal to or under US $75, or 12.4.1 the amount due is equal to or under US $75 or such lower amount as is published on the Alamy website from time to time, or
12.8 Amendment 12.8 Licence Fees charged to Customers in currencies other than US dollars are recorded on your statements in US dollars. The exchange rate used will be reviewed monthly and adjusted in line with exchange rate fluctuations. 12.8 Licence Fees charged to Customers in currencies other than US Dollars are recorded on your statements in US Dollars. The exchange rate used will be reviewed and adjusted in line with exchange rate fluctuations.
15.1 Amendment – key term 15.1 You agree that the Images may be used at Alamy's option without charge and without prior consent or approval from you in Promotional/Marketing material designed to promote sales of Images and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor. You agree that any such promotional items may be distributed by Alamy worldwide for up to two years, notwithstanding the earlier termination of the contract for any reason. For the avoidance of doubt Promotional/Marketing Material also includes articles and interviews featuring Alamy and/or its Imagery, social media and search engine listing and promotion including but not limited to 'Google Images'. 15.1 You agree that the Images may be used worldwide at Alamy's option without charge and without prior consent or approval from you in Promotional/Marketing Material or in any other manner at the sole discretion of Alamy designed to promote sales of Images and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor, subject to the following:
15.1.1 New clause N/A 15.1.1 If Images have been used in Promotional/Marketing Material prior to account termination and/or deletion those Images will be permitted to remain in that specific Promotional/Marketing Material;
15.1.2 New clause N/A 15.1.2 For the avoidance of doubt, Images that have been deleted and/or subject to account termination will not be used in new Promotional/Marketing Material;
15.1.3 New clause N/A 15.1.3 For the avoidance of doubt Promotional/Marketing Material also includes articles and interviews featuring Alamy and/or its Imagery, social media and search engine listing and promotion including but not limited to 'Google Images'.
15.3 New clause N/A 15.3 You agree that we have the right, when using the Images in advertising and promotion, to alter the Images including any cropping, manipulation, combining and creation of derivative Images providing such alteration is not pornographic, defamatory or otherwise unlawful.
19.1 Amendment 19.1 Alamy may vary this contract by altering or deleting any of its provisions or adding any new provisions by giving you 45 days prior notice at any time. 19.1 Alamy may vary this Contract by altering or deleting any of its provisions or adding any new provisions by giving you 45 days prior notice at any time. If You do not accept any of the variations You have the right to terminate this Contract by giving written notice to Alamy in accordance with the provisions of clause 20.1.2.5.
21.3 Amendment 21.3 Please note that Alamy may contact you at the e-mail address, postal address or on the telephone numbers given when you register as a Contributor or those supplied in My Alamy at a later date. 21.3 Please note that Alamy may contact you at the e-mail address, postal address, on the telephone numbers given, or using any other communication method, including without limitation social media, when you register as a Contributor or those supplied in My Alamy at a later date.
28 Amendment 28 You agree that where you cannot claim yourself for sales made by Alamy but where we can claim on your behalf including, without limitation, through collecting societies, that you give us the right to collect any money due to you. Where there is the option for you to claim yourself, you may opt to do so or for us to claim on your behalf. Where we claim on your behalf you agree that we will recoup our external costs (if any) then share any remaining amount equally with you. Subject to clause 28.1, You authorise Alamy to grant to the Collecting Society a mandate to negotiate, claim and administer the rights in respect of Secondary Uses of your Images that you have authorised Alamy to represent you for. You also confirm that for sales made by Alamy you authorise Alamy to grant to the Collecting Society an exclusive licence. Exclusivity is limited to the actual uses of the Images claimed and paid for under the collecting society's collection scheme only ("Collection"). Alamy will grant the Collecting Society a mandate to claim on your behalf a share of royalties arising from these rights collectively licensed by the collecting society as Secondary Uses and distributed through Collection. For the avoidance of doubt, the above authorisation extends only to Secondary Uses of Images that the Collecting Society manages through collective licensing schemes and does not transfer any authority to the Collecting Society to issue individual Licences for Primary Uses on your behalf, nor does it transfer the ownership of copyright to the Collecting Society. 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.
28.1 New clause N/A 28.1 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.
29 Amendment "Cleared Funds" Alamy operates a real-time reporting System, where sales are reported in the Contributor's account at the point at which a client purchases on credit card, or when an invoice is raised to a client purchasing on a finance account. Sales are posted to Contributors' accounts immediately and are listed as 'uncleared'. They will not clear for at least 45 days from the sale date. Credit card sales will automatically be deemed cleared on day 45 as long as the transaction has not been returned as fraudulent or is in dispute. Sales on account will be deemed cleared on day 45 if we have received payment from the Customer. Otherwise the sale will be deemed cleared as soon thereafter as we have received payment and allocated it to the Contributor's account. 'Cleared Funds' means amounts which are deemed cleared in accordance with the above process. "Cleared Funds" Alamy operates a real-time reporting System, where sales are reported in the Contributor's account at the point at which a client purchases on credit card, or when an invoice is raised to a client purchasing on a finance account. Sales are posted to Contributors' accounts immediately and are listed as "uncleared". They will not clear for at least 45 days from the sale date. Credit card sales will automatically be deemed cleared on day 45 as long as the transaction has not been returned as fraudulent, is not suspected of being fraudulent by Alamy or is in dispute. Sales on account will be deemed cleared on day 45 if we have received payment from the Customer. Otherwise the sale will be deemed cleared as soon thereafter as we have received payment and allocated it to the Contributor's account. "Cleared Funds" means amounts which are deemed cleared in accordance with the above process.
29 New Definition N/A "Collecting Society" means an entity authorized by copyright owners to commercially exploit their copyrights. As it is impractical for rights holders to individually monitor all the different uses made of their works, they entrust certain parts of this task to a collecting society. In the context of this contract a collecting society is one that deals with secondary rights only.
29 New Definition N/A "Primary Uses" Means a use of Images as permitted by Licences granted by Alamy to its Customers. For example, a magazine using an Image in an editorial feature.
29 Amendment "Promotional/Marketing Material" means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e-promos (for example: Alamy marketing emails, Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion and Alamy ratified social media sites and apps. "Promotional/Marketing Material" means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e- promos (for example: Alamy marketing emails, Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion and Alamy ratified social media sites and apps, use in information graphics, supply of Images to third parties for use in Image galleries (Images unaccompanied by copy) and editorial pieces (Images accompanied by copy), websites and blogs in return for publicity, specific ad-hoc marketing campaigns, supply of Images to third parties for use in conferences/presentations/keynote speeches in exchange for publicity, and other uses by third parties in return for publicity.
29 New Definition "Secondary Uses" means a use of Images that is not a Primary use, including without limitation the photocopying, scanning, printing and digital re-use and communication of Images that are part of composite works, like books and magazines, and also licences governing document delivery services, the uses made under educational recording licences and uses made under cable retransmission and also similar international uses of Images remunerated through levy Systems etc. For example, a student photocopying a magazine article with Images in it where the License for the Primary use of the Images was granted by Alamy.

30th March 2015

Amendments - 30th March 2015 (will come into effect for all Contributors on 14th May 2015)

We made a set of amendments on 16th February but following feedback we’ve withdrawn some of these changes and replaced them with the changes listed below and extended the notice period for the other changes by a further 45 days.

Clause Change Listed 16th February Replacement
Key Terms 1.3.4 Amendment 1.3.4 Delete any Images after one hundred and eighty (180) days notice. On Image deletion Alamy will cease to grant licences for the Image so deleted (but without prejudice to any licences which may subsequently be granted for Images already downloaded, or where any Image is re-used or where Alamy entered into negotiations to licence an Image prior to deletion). 1.3.4 Delete any Images after one hundred and eighty (180) days notice. On Image deletion Alamy will cease to grant licences for the Image so deleted, but without prejudice to any licences which may subsequently be granted for:

(i) Images relating to a specific use that have already been downloaded by a Customer for the purpose of such specific use prior to deletion, provided that Alamy will only be permitted to grant licences for a period of 2 years following deletion;

(ii) Images relating to a specific use in respect of which Alamy had entered into negotiations with any Customer or Distributor prior to the date of deletion, provided that Alamy will only be permitted to grant licences for a period of 2 years following deletion;

(iii) or Images that are being re-used, in accordance with clause 6.4.1.
3.1 Amendment 3.1 If an Image is deleted, whether by you or by Alamy then any licences then existing will still remain and Alamy will still be able to grant licences for:
3.1.1 Images already downloaded by a Customer prior to deletion;
3.1.2 Images for which Alamy had properly entered into negotiations with any Customer or Distributor prior to the date of deletion.
3.1.3 Images that are being re-used, in line with the restrictions and availability in place at the time of the original licence.
3.1 If an Image is deleted, whether by you or by Alamy then any licences then existing will still remain and Alamy will still be able to grant licences for:
3.1.1 Images relating to a specific use that have already been downloaded by a Customer for the purpose of such specific use prior to deletion, provided that Alamy will only be permitted to grant licences in accordance with this clause 3.1.1 for a period of 2 years following deletion;
3.1.2 Images relating to a specific use in respect of which Alamy had entered into negotiations with any Customer or Distributor prior to the date of deletion, provided that Alamy will only be permitted to grant licences in accordance with this clause 3.1.2 for a period of 2 years following deletion;
3.1.3 Images that are being re-used, in accordance with clause 6.4.1.
4.12 Amendment Where Alamy has licensed an Image to one of its Customers or if an Image has been sourced directly or indirectly from the Alamy System and or if the Image is solely available via the Alamy System and the Systems of its Distributors, You agree that you will not contact the Customer or user of the Image for any reason pertaining to this sale or the use of the Image. This includes, without limitation, in relation to copyright Infringements where the Image was sourced from Alamy. Where Alamy or Distributor has licensed an Image to one of its Customers, You agree that You will not contact the Customer for any reason pertaining to this sale or the use of the Image. In relation to alleged copyright Infringements You agree to contact Alamy first to check there is no relevant download or licence before contacting the user of the Image and not to contact them if Alamy advises You that there is a relevant download or licence.
6.4.1 Amendment 6.4.1 When re-licensing Images that have been previously licenced for a particular use ("Previous Use"), if in Alamy's reasonable opinion the use to which the Image/s is to be put is the same or closely similar to the previous use (including but not limited to extensions of print runs and foreign language versions), Alamy is permitted to grant a re-use licence on the terms and conditions, restrictions and availability in place at the time of the original licence. This clause will remain in full force and effect even after termination of this contract or deletion of the Image/s. 6.4.1 When re-licensing Images that have been previously licensed to a Customer, if in Alamy's reasonable opinion the content within which the Image/s is to be used is the same or very closely similar to that of the previous use (for example extensions of print runs, foreign language versions, new editions and reproduction in new or different forms of media), Alamy is permitted to grant a re-use licence on the terms and conditions, restrictions and availability in place at the time of the original licence. This clause will remain in full force and effect even after termination of this contract or deletion of the Image/s. As an example, Alamy is not entitled to grant licences for a book called ‘Countries of the World’ if the previous use was a book called ‘The World Encyclopaedia’ with different content or to grant licences for a magazine or advert if the previous use was for a book.
20.3.2 Amendment 20.3.2 continue to account to you in respect of licences granted before termination or licences granted as allowed elsewhere in this contract, including in accordance with clauses 3.1.3 and 6.4.1; 20.3.2 continue to account to you in respect of licences granted before termination or licences granted as allowed elsewhere in this contract, including in accordance with clauses 1.3.4, 3.1.3 and 6.4.1;

16th February 2015

Amendments listed on 16th February 2015 (will come into effect on 14th May 2015 for Contributors registered before 16th February 2015)

Clause Change Original Replacement
New Intro text Addition NA The Small Print in Larger Print (All the legal wording written in Plain English)
  • You are signing up to submit Images and have them sold by Alamy
  • You also have the option to sell through our network of Distributors
  • You are responsible for the content you upload, and you must be the copyright holder or have their permission
  • We will pay you 50% of a direct sale made by Alamy
  • You can quit with just 45 days notice.
  • We report sales to you as soon as we know about them
  • We'll pay you every month that your balance is over $75
  • You will caption and keyword your Images
  • The information you supply must be correct, particularly when talking about model or Property releases
  • Prices are determined by Alamy
  • Alamy's Customers cannot use photos for pornographic, defamatory, or any other unlawful purposes.
Intro Amendment Alamy is a member of the British Association of Picture Libraries and Agencies (BAPLA) and subscribes to its code of professional ethics. Alamy is a member of the British Association of Picture Libraries and Agencies (BAPLA) and the Digital Media licensing Association (formerly PACA)
Intro Amendment Your contract with Alamy Ltd
  • contains all the contractual conditions you need to know about working with us.
  • gives details of our current commission model, Alamy Blue, which tells you:
    • What you get paid.
    • When you get paid.
    • How you get paid.
  • gives all financial information in US Dollars
Your contract with Alamy Ltd
  • contains all the contractual conditions you need to know about working with us.
  • gives details of our current commission model, Alamy Blue
  • gives details of:-
    • What you get paid.
    • When you get paid.
    • How you get paid.
  • gives all financial information in US Dollars, but we can pay you in other currencies.
Intro Removal Alamy is a member of the British Association of Picture Libraries and Agencies (BAPLA) and subscribes to its code of professional ethics. NA
Key Terms 1.3.6 Amendment 1.3.6 Supply your Images on a non exclusive basis and may therefore sell your Images in any other way you wish. 1.3.6 Supply your Images on a non exclusive basis and may therefore sell your Images in any other way you wish as long as you comply with the terms of this contract.
Key Terms 1.3.7 Amendment 1.3.7 Only if you are an Agency Contributor you may set your own prices for your royalty-free Images (but not for rights managed or novel use licences). 1.3.7 Only with Alamy’s permission and if you are an Agency Contributor you may set your own prices for your royalty-free Images (but not for rights managed or novel use licences).
New Clause 1.4.5 Addition NA 1.4.5 Provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy. We will use this email address to contact you with contractual notifications, operational updates, helpful tips and other relevant information.
Types of licence Removal ‘Rights Managed – exclusive licence’
referred to on the website as ‘Rights Managed – exclusive licence’, or RM-E means an optional exclusive element of a rights managed licence which may be time, territory, industry or otherwise. Images with licence types assigned as rights managed – exclusive can be licensed with or without exclusivity.
NA
Types of licence Amendment ‘Royalty Free licence’
referred to on the website as ‘Royalty Free’, or ‘RF’ means any royalty-free licence granted by Alamy during the period of this contract in respect of any Image defined by the Contributor as royalty free with the price determined by file size.
‘Royalty Free licence’
referred to on the website as ‘Royalty Free’, or ‘RF’ means any royalty-free licence granted by Alamy during the period of this contract in respect of any Image defined by the Contributor as royalty free with the price determined by file size usage, or other criteria as deemed appropriate by Alamy.
4.4 Amendment 4.4 You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for print, motion picture, television, footage, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available on electronic equipment, CD-ROM, DVD and other similar media or via the Internet, and to include them in any catalogue, Internet sites or marketing in any form (‘the Rights’); except for the prior rights (if any) there is not and will not during the term of this contract be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible. 4.4 You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for digital media, print, motion picture, television, footage, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available on electronic equipment, and other similar media or via the Internet, and to include them in any catalogue, Internet sites or marketing in any form (‘the Rights’); except for the prior rights (if any) there is not and will not during the term of this contract be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible.
4.11 Removed 4.11 None of the keywords supplied by you for any Image has been copied from the keywords for an Image of any other Contributor. Alamy reserves the right to delete any group of keywords which in Alamy's opinion contain copies of another Contributor's keywords. NA
6.2 Amendment 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. 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 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.
7.2 Amendment 7.2 Alamy agrees to use its reasonable commercial endeavours, utilising the System, to obtain reasonable licence fees for rights managed licences. 7.2 Alamy agrees to use its reasonable commercial endeavours, utilising the System, to obtain reasonable licence fees.
11.4 Amendment 11.4 You agree that for all sales made by Distributors you will pay the Distributor commission as specified in the Alamy Commission Table. 11.4 You agree that in respect of all sales made by Distributors the Distributor commission as specified in the Alamy Commission Table will apply.
12.6 Amendment 12.6 Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy's Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2% of the spot rate on that day. 12.6 Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy's Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2.5% of the spot rate on that day.
15.1 Amendment 15.1 You agree that the Images may be used at Alamy's option without charge and without prior consent or approval from you in Promotional/Marketing Material designed to promote sales of Images and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor. You agree that any such promotional items may be distributed by Alamy worldwide for up to two years, notwithstanding the earlier termination of the contract for any reason. For the avoidance of doubt Promotional/Marketing Material also includes search engine listing and promotion including but not limited to 'google Images'. 15.1 You agree that the Images may be used at Alamy's option without charge and without prior consent or approval from you in Promotional/Marketing Material designed to promote sales of Images and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor. You agree that any such promotional items may be distributed by Alamy worldwide for up to two years, notwithstanding the earlier termination of the contract for any reason. For the avoidance of doubt Promotional/Marketing Material also includes articles and interviews featuring Alamy and/or its Imagery, social media and search engine listing and promotion including but not limited to 'google Images'.
16.2.3 Amendment 16.2.3 If you take action then Alamy's sole obligations shall be to at your request and cost:
16.2.3.1 supply you with the information on its database relating to that Customer; and
16.2.3.2 provide testimony in any action which may be brought by you by verifying the terms of the contract entered. Prior to giving this assistance Alamy may require you to have indemnified Alamy for all of the costs and expenses of any such action including at Alamy's discretion providing and securing the costs of Alamy's legal and other advisers.
16.2.3 If you take action then Alamy's sole obligations shall be to at your request and cost, provide testimony in any action which may be brought by you by verifying the terms of the contract entered. Prior to giving this assistance Alamy may require you to have indemnified Alamy for all of the costs and expenses of any such action including at Alamy's discretion providing and securing the costs of Alamy's legal and other advisers.
New Clause 16.4 Addition NA 16.4 If a Customer is declared bankrupt or goes into liquidation owing Alamy any money, we will write off the debt. If we subsequently receive any money from the official trustee or liquidator we will donate any such amount to charity if the amount recovered means it is not cost effective to pay out the funds we receive.
22.1 Amendment 22.1 Alamy reserves the right to circulate the details of you to other companies within the Alamy Group and Alamy and such companies may contact you by email or otherwise about other services. 22.1 Alamy reserves the right to circulate the details of you to other companies within the Alamy Group and Alamy and such companies may contact you by email or otherwise about other services. At all times we will adhere to applicable data protection laws and Alamy's privacy policy
New Clause 27 Addition NA 27. Infringements
27.1 Alamy reserves the right to pursue Infringements (where the Image has been sourced from Alamy or its System, including where the Image is exclusive to Alamy and where an Alamy credit is present. You agree to Alamy pursuing these Infringements either itself or using third parties.
27.2 In the event of any alleged breach of any licence or any other Infringement of intellectual property or other rights in an Image, Alamy may either take action itself against the infringer or alternatively inform you that it will not be taking action and you may then do so at your option.
27.3 If Alamy takes action Alamy may (but shall not be obliged to) make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with it. Fifty percent (50%) of all amounts recovered by Alamy in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy) shall be paid to you.
New Clause 28 Addition NA 28. Collecting societies
You agree that where you cannot claim yourself for sales made by Alamy but where we can claim on your behalf including, without limitation, through collecting societies, that you give us the right to collect any money due to you. Where there is the option for you to claim yourself, you may opt to do so or for us to claim on your behalf. Where we claim on your behalf you agree that we will recoup our external costs (if any) then share any remaining amount equally with you.
Definitions Addition NA "Infringement"
means the use of an Image sourced from Alamy or its System and used without permission. Permission must be in the form of a valid license or other permissible agreement.

12th November 2013

The latest version of the Alamy Contributor contract, published on 12th November 2013, included some changes to our terms

For Contributors who registered before 12th November 2013, the new contract came into force on 27th December 2013, 45 days from the notification date of 12th November 2013

For Contributors who registered from 12th November 2013 onwards, the new contract was in force from the point of Registration.

What's changed?

We’ve lowered the payment threshold to $75 and this will come into force for the 1st December pay run.

Also we will not be charging any fees for any methods of payment.

All key changes are summarised below for easy reference:

Payment frequency - We will pay you monthly, if your Cleared Funds exceed USD$75

Clause Change Original Replacement
12.3 Amendment If at the start of the first day of any calendar month the Cleared Funds in your account exceed $100 Alamy will within 30 days pay you the balance due to you being If at the start of the first day of any calendar month the Cleared Funds in your account exceed $75 Alamy will within 30 days pay you the balance due to you being
12.4.1 Amendment the amount due is equal to or under US $100, or the amount due is equal to or under US $75, or
12.7.5 Removed Payment charges incurred by Alamy for Contributor’s selecting the following payment methods:
  • PayPal
  • Fund transfers to your bank account (except US Dollars to banks in the US and GB Pounds to banks in the UK)
NA
Payment frequency - We will pay you monthly if your Cleared Funds exceed USD$75

15th October 2013

The latest version of the Alamy Contributor contract, published on 15th October 2013, included some changes to our terms.

For Contributors who registered before 15th October 2013, the new contract came into force on 30th November 2013, 45 days from the notification date of 15th October 2013.

For Contributors who registered from 15th October 2013 onwards, the new contract was in force from the point of Registration.

What's changed?

We’ve lowered the payment threshold to $100. However as some of the payment methods we’re using are expensive we’re passing on these costs. We aim however to ensure that every Contributor has a payment method which means they can receive their money for free.

In effect payments are now split as follows:

All key changes are summarised below, for easy reference:


Payment frequency - We will pay you monthly, if your Cleared Funds exceed USD$100

Clause Change Original Replacement
12.3 Amendment If at the start of the first day of any calendar month the Cleared Funds in your account exceed $175 Alamy will within 30 days pay you the balance due to you being If at the start of the first day of any calendar month the Cleared Funds in your account exceed $100 Alamy will within 30 days pay you the balance due to you being
12.4.1 Amendment the amount due is equal to or under US $175, or the amount due is equal to or under US $100, or
12.6 Amendment Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 1.5% of the spot rate on that day Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2% of the spot rate on that day.
12.7.5 New clause Payment charges incurred by Alamy for Contributor’s selecting the following payment methods:
  • PayPal
  • Fund transfers to your bank account (except US Dollars to banks in the US and GB Pounds to banks in the UK)
NA
27 Change to Definition "Payment Provider"
means Citibank, Alamy or any other payment provider as decided by Alamy.
"Payment Provider"
means Alamy or any other payment provider as decided by Alamy.
Payment frequency - We will pay you monthly if your Cleared Funds exceed USD$100

20th November 2012

The latest version of the Alamy Contributor contract, published on 20th November 2012, included some important changes to our terms.

For Contributors who registered before 20th November 2012, the new contract came into force on 5th January 2013, 45 days from the notification date of 20th November 2012.

For Contributors who registered from 20th November 2012 onwards, the new contract was in force from the point of Registration.

What changed?

The most important changes to our terms were increased Alamy Commission on direct and third-party Distributor sales.

All key changes are summarised below, for easy reference:

  • Alamy Commission on direct sales increased by 10 percentage points on all commission schedules
    • Alamy Blue (current model): Alamy Commission 50%, Contributor commission 50%
    • Alamy Red (discontinued model): Alamy Commission 30%, Contributor commission 70%
    • Alamy Green (discontinued model): Alamy Commission 40%, Contributor commission 60%
  • Alamy Distributor commission increased by 10 percentage points
    • Contributor commission 30%, Alamy Distributor commission 70% (comprised of 30% Alamy Commission and 40% Distributor commission).

A new version of the Alamy Commission table was introduced as per below

Alamy Commission models, rates, fees and payment Current model
Alamy Blue
Alamy commission
For sales through www.alamy.com
50%
Alamy Distribution Commission For sales through our Distributors
(30% to Alamy, 40% to the Distributor)
70%
Alamy Novel Use Commission
For sales through Novel Use
50%
Alamy Footage Commission
For footage sales
50%
Payment frequency - We will pay you monthly, if your Cleared Funds exceed USD$175

Reference to the discontinued models Alamy Green and Alamy Red was removed from the table and details of these models was placed at the end of the contract.

Clause Change Original Replacement
1.3.1.1 Removed For footage control country in which footage are available for use by Customers for rights managed Images but not for royalty free Images or novel use licences. NA
6.4.1 New clause When re-licensing Images that have been previously licenced for a particular use ("Previous Use"), if in Alamy´s reasonable opinion the use to which the Image/s is to be put is the same or closely similar to the previous use (including but not limited to extensions of print runs and foreign language versions), Alamy is permitted to grant a re-use licence on the terms and conditions, restrictions and availability in place at the time of the original licence. NA
12.6 Amendment 12.6 Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 100 base points of the spot rate on that day. 12.6 Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 1.5% of the spot rate on that day.
27 Change to definition "Promotional/Marketing Material" means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e-promos (for example: Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion, multi media (e.g. promotional CD-ROMs). "Promotional/Marketing Material" means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e-promos (for example: Alamy marketing emails, Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion, Alamy ratified social media sites and apps.
27 Change to definition "Alamy Group" means Alamy Ltd and its Subsidiaries and/or any future Holding Company and "Subsidiary" means a subsidiary within the meaning of Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989 and "Holding Company" means a holding company within the meaning of Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989. "Alamy Group" means Alamy Ltd and its subsidiaries and/or any future holding company and "Subsidiary" and “Holding Company” means a subsidiary and holding company within the meaning of Section 1159 of the Companies Act 2006.

View the previous version of the contract, valid for all Contributors registered prior to November 20th 2012. For those registered after November 20th, the current contract was in force at the point of Registration.

24th November 2011

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

  • We have made the necessary changes to the contract in order to reflect the reduction in the payment threshold.
  • If there has been a spelling or grammatical change then this has not been listed.
  • If a clause has changed in no major way except in number then this has not been listed.
Clause Change Original Replacement
Alamy Commission Table Amendment “We will pay you monthly, if your Cleared Funds exceed USD $250” “We will pay you monthly, if your Cleared Funds exceed USD $175”
12.3 Amendment If at the start of the first day of any calendar month the Cleared Funds in your account exceed $250 Alamy will within 30 days pay you the balance due to you being: If at the start of the first day of any calendar month the Cleared Funds in your account exceed $175 Alamy will within 30 days pay you the balance due to you being:
12.4.1 Amendment the amount due is equal to or under US $250 the amount due is equal to or under US $175

28th July 2011

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

  • We have made some minor additions to the contract in order to include news Imagery and footage.
  • If there has been a spelling or grammatical change then this has not been listed.
  • If a clause has changed in no major way except in number then this has not been listed.
Clause Change Original Replacement
1.1. Amendment “Images” means any digitised photograph, illustration or other Image of whatever nature which at any time during the term of this contract you submit to Alamy.   “Images” means any digitised photograph, footage, illustration or other Image of whatever nature which at any time during the term of this contract you submit to Alamy.  
1.3.1 Amendment control country, usage, media type and industry in which Images are available for use by Customers for rights managed Images but not for royalty free Images or novel use licences. For all Images except footage control country, usage, media type and industry in which Images are available for use by Customers for rights managed Images but not for royalty free Images or novel use licences.  
1.3.1.1 New clause   For footage control country in which footage are available for use by Customers for rights managed Images but not for royalty free Images or novel use licences.  
  New clause   Changes made to commission table to now include footage commission.
26.1 New clause   All Images submitted via any designated routes for news, Sport or entertainment Images must adhere to Alamy's published guidelines for news Images.  
26.2 New Clause   Images submitted as News must be free of any manipulation or alteration which alters the truth of the Image.  
26.3 New Clause   The decision as to whether an Image is suitable for representation as a News Image is at Alamy’s sole discretion.  

27. Definitions

Definition Change Original Replacement
"Alamy footage commission" New definition   means the percentage commission that Alamy receives in respect of licences of footage as set out in the Alamy Commission Table.
"News Image"

 

New definition   means any “mage” that is ; i) is submitted by the Contributor for inclusion in any, feed, gallery or other method of representation where the subject matter and nature of the Image has an immediacy or relevancy pertaining to a current topic of interest, and ii) is accepted by Alamy as suitable for inclusion. 
“Image” Amendment means any digitised photograph, illustration or other Image of whatever nature which at any time during the term of this contract you submit to Alamy. means any digitised photograph, footage, illustration or other Image of whatever nature which at any time during the term of this contract you submit to Alamy.

15th July 2010

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

  • We have made some minor adjustments to the way we pay you and that we can stop payments if we don’t have up to date details for you.
  • If there has been a spelling or grammatical change then this has not been listed.
  • If a clause has changed in no major way except in number then this has not been listed.

12. Statements and payment

Clause Change Original Replacement
12.3 Amendment If on the first UK working day of any calendar month the Cleared Funds in your account exceed $250 Alamy will within 30 days pay you the balance due to you being: If at the start of the first day  of any calendar month the Cleared Funds in your account exceed $250 Alamy will within 30 days pay you the balance due to you being:
12.4. Amendment The payment due for each month shown in the statement shall be paid to you in the currency specified in My Alamy. However, if the amount due is equal to or under US $250, no payment will be made and the amount shall be carried forward to the following month. The payment due for each month shown in the statement shall be paid to you in the currency specified in My Alamy. However no payment will be made and the amount shall be carried forward to the following month, if
12.4.1 New clause   the amount due is equal to or under US $250, or
12.4.2 New clause   we have previously tried to pay you and your details are incorrect and have not been updated, or
12.4.3 New clause   we no longer support the payment method you have chosen
12.6 Amendment Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment. If the rate is provided by Alamy it will be within 100 basis points of the spot rate on that day. Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 100 basis points of the spot rate on that day.
12.7.2 Amendment any amounts due from you to Alamy where you are also a purchaser from Alamy. any amounts due from you to Alamy where you are also a purchaser from Alamy or a Distributor.

2.26. Definitions

Definition Change Original Replacement
"Registration" Amendment

means the on-line display on the System at the time you complete the Registration process and which will have included:

    • your name and address. and the bank account details (if applicable) for payment to you.
    • the currency in which you are to be paid.

means the on-line display on the System at the time you complete the Registration process and which will have included:

    • your name and address.
    • your login details for your account with Alamy.

26th November 2008

The latest version of the Alamy Contributor contract, published on November 26th 2008, included some important changes to our terms.

For Contributors who registered before 26th November 2008, the new contract came into force on 10th January 2009, 45 days from the notification date of 26th November 2008.

For Contributors who registered from 26th November 2008 onwards, the new contract was in force from the point of Registration.

The commission split on sales for ALL Contributors, regardless of Registration date remained as per the previous contract until 10th January 2009, when our Systems changed to reflect the 5% increase in Alamy Commission as per the current contract.

Payment and foreign exchange fees were also charged until 10th January 2009

What changed?

The most important changes to our terms were increased Alamy Commission on direct and third-party Distributor sales, and the abolishment of all payment fees. 

The contract was also re-drafted to make it easier to read and updated to remove outdated clauses and terminology. All key changes are summarised below, for easy reference:

  • Alamy Commission on direct sales increased by 5% on all commission schedules
    • Alamy Blue (current model): Alamy Commission 40%, Contributor commission 60%
    • Alamy Red (discontinued model): Alamy Commission 20%, Contributor commission 80%
    • Alamy Green (discontinued model): Alamy Commission 30%, Contributor commission 70%
  • Alamy Distributor commission increased by 5%
    • Contributor commission 40%, Alamy Distributor commission 60% (comprised of 20% Alamy Commission and 40% Distributor commission).
  • All payment fees discontinued:
    • For Contributors paid by cheque:
      • $8 fee for cheque payment.
      • $15 cheque cancellation fee
    • For Contributors paid by funds transfer
      • $11 fee for payment
      • The 1% foreign exchange fee for funds transfer in currencies other than USD
  • Termination notice: Alamy may now terminate a Contributor’s contract with 45 days notice as opposed to 6 months, which is now inline with notice required from Contributors to terminate the contract (clause 20.2.1).
  • Licence type definitions: Change from traditional licence (with or without rights protection) to “rights managed” and “Rights Managed - Exclusive” licences to be consistent with common industry terminology
  • Licensing Images after deletion: New clause (3.1.1) to cater for existing agreements with some clients who download Images and later confirm usage post deletion
  • Emphasis that novel use and distribution are optional schemes
  • Old clause 7 removed: “Contributor reporting of sales to Alamy” Previously, when a client contacted a Contributor directly as a result of having seen an Image on the Alamy site, the Contributor was required to pay Alamy 10% of the net sale value.
  • Old clause 14 removed: “Audit rights of Alamy on Contributor” This clause was only required to enable Alamy to investigate whether Contributors were reporting direct sales to Alamy (as per clause 7). Since clause 7 has now been removed, this clause is no longer required. 
  • Glossary terms: Old terms have been removed where they no longer reflect areas of the website. New terms have been added

View the previous version of the contract, valid from 21st September 2007 until 26th November 2008 for all Contributors registered prior to November 26th ­2008. For those registered after November 26th, the current contract was in force at the point of Registration.

21st September 2007

A detailed explanation of the changes made under each clause is outlined below.

Table of Alamy Commission models, rates, fees and payment

New Optional Scheme - Novel Use Commission:

Alamy Novel Use commission
For sales through Novel Use
(including 5% Order processing fee)
50% 50% 50%

Table

Heading Change Original Replacement
Alamy Commission Amendment Alamy Commission
For sales through www.alamy.com
Alamy Commission
For sales through www.alamy.com
(including 5% Order processing fee)
  1. 1. Preliminary

    Clause Change Original Replacement
    ii. Amendment on behalf of the Contributor to license (or permit any Alamy Group company to license) the Images to Customers on the basis of a royalty-free licence or traditional licence (with or without rights protection) as defined by Alamy. on behalf of the Contributor to license (or permit any Alamy Group company to license) the Images to Customers on the basis of a royalty-free licence or traditional licence (with or without rights protection) as defined by Alamy; in either case Alamy will also be authorised, if the Contributor agrees, to license (or permit any Alamy Group company to license) all of the Contributor’s Images to Customers on the basis of Novel Use licences;
    a. Amendment Control country, usage, media type and industry in which their Images are available for use by Customers (this applies to traditionally licenced Images and not to royalty free Images) Control country, usage, media type and industry in which their Images are available for use by Customers (this applies to traditionally licenced Images and not to royalty-free Images or novel use licences).
    b. Amendment Control, subject to clause 4(b), whether each Image they submit is displayed as a traditionally licenced (with or without rights protection) or royalty-free. Control, subject to clause 4(b), whether each Image they submit is displayed as a traditionally licenced (with or without rights protection) or royalty-free, and in either case whether their Images are available for novel use licences.
    f. Amendment Set their own prices for their Images if the Contributor is a royalty-free agency (subject to clause (c) of the Section entitled Pricing and Promotion). Set their own prices for their Images if the Contributor is a royalty-free agency (subject to clause 12(a)-(c) but not for novel use licences).
  2. 2. Definitions

    Definition Change Original Replacement
    "Collections Section" Amendment means the Alamy gallery database that has been maintained by a collector intended for licensing to Customers by royalty-free licence or traditional licence. means the Alamy gallery database that has been maintained by a collector intended for licensing to Customers by royalty-free licence or traditional licence, whether or not also by novel use licence.
    "Licence" Amendment means either a royalty-free licence or a traditional licence (with or without rights protection. means either a royalty-free licence or a traditional licence (with or without rights protection) or a novel use licence.
    "Novel Use licence" New Definition N/A means any novel use licence as defined and granted by Alamy on behalf of a Contributor during the period of this contract and which is neither a royalty-free licence nor a traditional licence.
    "Novel Use Sales Commission" New Definition N/A means the percentage commission charged by Alamy on the net licence fee as set out in the Table of Alamy Commission models, rates, fees and payment on all novel use licences.
  3. 4. Appointment of Alamy

    Clause Change Original Replacement
    c. New clause N/A The Contributor may also appoint Alamy as its agent to grant novel use licences in respect of all of the Contributor’s Images. Such appointment may be made by the Contributor confirming through the Alamy web site or by email. The Contributor may terminate Alamy’s right to grant Novel Use licences in respect of the Contributor’s Images at any time during the month of April in each year through the Novel Use page on the Alamy web site (without prejudice to the Contributor’s general rights of termination as laid out in clause 18).
  4. 8. Distribution

    Clause Change Original Replacement
    a. Amendment If the Contributor agrees to their Images being sold through a Distributor by confirming through the Alamy web site, in writing, by email, or orally to a member of the Alamy staff then all of the Contributor’s Images will be available for sale by Distributors in the territories specified. If the Contributor agrees to their Images being sold through a Distributor by confirming through the Alamy web site or by email then all of the Contributor’s Images will be available for sale by Distributors in the territories specified.
    b. Amendment The Contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the Contributor cannot deselect these territories until the date specified on the Distribution page of the Alamy web site. The Contributor agrees that they will specify in which territories they wish their Images to be available. Once these territories have been selected the Contributor may deselect all or any of the territories at any time during the month of April in each year through the Distribution page of the Alamy web site.
  5. 10. Representations, warranties and undertakings by Contributor

    Clause Change Original Replacement
    e. Amendment except for the prior rights (if any) and subject to the terms set out in the listing confirmation there is not and will not during the term of this contract be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible utilising its royalty-free or traditional licences (with or without rights protection) as defined by Alamy; except for the prior rights (if any) and subject to the terms set out in the listing confirmation there is not and will not during the term of this contract be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible utilising its royalty-free or traditional licences (with or without rights protection) or its novel use licences as defined by Alamy;
  6. 12. Pricing and promotion

    Clause Change Original Replacement
    c. New clause N/A All Images sold under novel use licences may be sold at any rates in Alamy’s discretion without Alamy having to consult the Contributor.

8th October 2006

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

  • All references to "My Account" have been changed to "My Alamy".
  • All references to "Zones" have been removed.
  • The Alamy Green Commission schedule is no longer available to new Contributors.
  • If there has been a spelling or grammatical change then this has not been listed.
  • If a clause has changed in no major way except in number then this has not been listed.
  • All references to Withholding tax (WHT) have been removed.
  1. Preliminary

    Clause Change Original Replacement
    N/A Amendment The following provisions record the legal terms and conditions upon which Alamy Limited, hereafter referred to as "Alamy" provides services which facilitate the licensing of Images by Contributors to third parties. The following provisions record the legal terms and conditions upon which Alamy Limited, hereafter referred to as "Alamy" acts as an agent in the licensing of Images by Contributors to third parties.
    a. Amendment Control country, usage, media type and industry in which their Images are available for use by Customers Control country, usage, media type and industry in which their Images are available for use by Customers (this applies to traditionally licenced Images and not to royalty free Images)
    b. Amendment Control whether each Image they submit is displayed as a traditional licence (with or without rights protection) or royalty-free licence Image. Control, subject to clause 4(b), whether each Image they submit is displayed as a traditionally licenced (with or without rights protection) or royalty-free.
    N/A Amendment The contract may be varied at any time in accordance with the clause "Contracting Parties" clause c below. The contract may be terminated by Alamy or the Contributor in accordance with the section entitled "Termination" below. The contract may be varied at any time in accordance with the clause "Contracting Parties" clause c below, subject to the Contributor's right of termination in clause 18(a)(iii). The contract may be terminated by Alamy or the Contributor in accordance with the section entitled "Termination" below.
  2. Definitions

    Definition Change Original Replacement
    "Prior Rights" Amendment means in respect of any Image any licence or other right granted by or on behalf of the copyright owner for the use of that Image in any territory, media or otherwise. means in respect of any Image any licence or other right granted by or on behalf of the copyright owner for the use of that Image in any territory, media or otherwise. Prior rights include without limitation, where an Image has previously been licensed by Alamy and then deleted from the System, those previous licences by Alamy.
    "Order Processing Fee" Amendment means the Alamy fee charged on the gross licence fee for credit card processing or invoicing and collection from Customers with accounts. For the avoidance of doubt, where a company within the Alamy Group licences an Image to a Customer, and this licence sale is subject to sales tax (e.g. VAT), then the order processing fee is calculated on the net licence fee and the sales tax element added together. means the Alamy fee charged on the gross Licence Fee for credit card processing or invoicing and collection from Customers with accounts. For the avoidance of doubt, where a company within the Alamy Group licences an Image to a Customer, and this licence sale is subject to sales tax (e.g. VAT), then the order processing fee is calculated on the gross licence fee ( i.e. the net licence fee and the sales tax element added together). By example for sales subject to Alamy's 35% commission this will amount to an Alamy Commission of 35.875%.
  3. Appointment of Alamy

    Clause Change Original Replacement
    b. New clause N/A Where the Contributor appoints Alamy as its agent to grant royalty-free licences in respect of an Image, Alamy may vary the licences it grants in respect of that Image from royalty-free to traditionally licenced by giving 45 days prior notice to the Contributor at any time. If the Contributor notifies Alamy during the 45 day notice period that it does not agree to such variation then Alamy may either continue to grant royalty-free licences in respect of that Image or, at Alamy's option, may delete that Image from the System.
  4. Commission, fees, payment and acceptance

    Clause Change Original Replacement
    f. iv. Amendment all other amounts due to Alamy from the Contributor. all other amounts due to Alamy from the Contributor including, where Alamy is entitled to be indemnified by the Contributor in the circumstances set out in clause 10(r), a sum representing the likely total amount of such indemnity.
  5. Tax

    Clause Change Original Replacement
    a. Removed

    The Contributor must (as part of the Registration process or otherwise) complete a declaration confirming which territory he/she is tax resident in.

    Where the Contributor is tax resident in an overseas jurisdiction, Alamy will deduct withholding tax from the royalties paid in accordance with the terms of the double tax treaty between the UK and the relevant overseas jurisdiction, where applicable.

    If for any reason the Contributor is not entitled to benefit from the reduced rate of withholding tax under the treaty (including, without limitation, where the Contributor supplies incorrect or inaccurate information in connection with the declaration required under this Clause 6), the Contributor shall immediately on demand by Alamy pay to Alamy any additional withholding tax due (together with any associated interest and penalties incurred by Alamy). The Contributor must immediately notify Alamy in the event of any change in his/her tax residence

    N/A
    b. Amendment Alamy may recover by debiting the Contributor's account any moneys due to Alamy under clauses a or b above in respect of tax and any associated interest or penalties. Alamy may recover by debiting the Contributor's account any moneys due to Alamy under clause a above in respect of tax and any associated interest or penalties.
  6. Representations, warranties and undertakings by Contributor

    Clause Change Original Replacement
    f. Amendment where the Contributor has indicated that a release is available he/she must have access to that release and must be able to make the original available to Alamy if it is requested by Alamy; where the Contributor has indicated that a release is available he/she must have access to that release and must be able to make the original available to Alamy if it is requested by Alamy; the Contributor warrants that all such Releases will (a) be legally binding and (b) (except as otherwise notified to Alamy via the Alamy web site or, with the agreement of Alamy, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues;
    g. Amendment The Contributor warrants that all information he/she gives to Alamy by any means (including without limitation via the Alamy web site or through spreadsheets) concerning for any Images will be true and accurate and that all of which Alamy is informed of by the Contributor will (a) be legally binding and (b) (except as otherwise notified to Alamy via the Alamy web site or, with the agreement of Alamy, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues. The Contributor agrees to indemnify Alamy against all losses, damages, expenses and costs (including legal costs) arising out of any breach of this warranty, including without limitation where the Contributor has stated there is a release for an Image but no such release exists, or where the Contributor has stated information regarding the release which proves to be incorrect; The Contributor warrants that all information he/she gives to Alamy by any means (including without limitation via the Alamy web site or through spreadsheets) concerning any Images will be true and accurate and will not infringe any copyright;
    j. Amendment the Contributor understands that they assign the licence types available on the website to each Image they submit, and that the Contributor understands the implications of each licence type(s) they select. The Contributor understands that once a licence type is chosen it cannot be changed; the Contributor understands that they assign the licence types available on the website to each Image they submit, and that the Contributor understands the implications of each licence type(s) they select. The Contributor understands that once a licence type is chosen it cannot be changed unless changed by Alamy from royalty-free to traditionally licenced under clause 4(b);
    k. New clause N/A none of the keywords supplied by the Contributor for any Image has been copied from the keywords for an Image of any other Contributor. Alamy reserves the right to delete any group of keywords which in Alamy's opinion contain copies of another Contributor's keywords.
    q. New clause N/A The Images comply with all Alamy's technical, quality, content and other criteria and requirements as set out on the Alamy site at the time of their submission. Alamy reserves the right to delete any Images which do not comply with any of these criteria.
    r. New clause N/A The Contributor will keep Alamy fully indemnified against all losses and all actions, claims, proceedings, costs and damages (including any damages or compensation paid by Alamy on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of any of the above warranties or of any other obligations of the Contributor under this agreement.
  7. Pricing and promotion

    Clause Change Original Replacement
    e. New clause   Alamy shall have the right to add, amend or delete any keywords for an Image if in Alamy's opinion this would be likely to increase the sales potential for that Image.
  8. Termination

    Clause Change Original Replacement
    a. iii. New clause   where Alamy gives 45 days notice to vary the contract pursuant to clause 3(c), by written notice to Alamy at any time during that 45 day period expiring at the end thereof.
    e. Amendment Alamy may at its discretion delete any Image which has not been licensed during such period as Alamy may determine. Alamy may at its discretion, without terminating this contract in relation to the Contributor’s other Images, delete any individual Image(s) which have not been licensed during such period as Alamy may determine.

6th May 2004

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

  • If there has been a spelling or grammatical change then this has not been listed, nor have we listed capitalising initials. We have not listed where clause numbers have changed due to new clauses being inserted.
  • We have deleted the detail relating to the split of the Distributor commission between Alamy and the Distributor. The Distributor commission remains at 55%.
  • View previous version of the Contributor agreement; valid from 12.00 GMT, 10th December 2003, until 08.00 BST (07.00 GMT), 6th May 2004.
  1. Preliminary

    Clause Change Original Replacement
    N/A Amendment The following provisions record the legal terms and conditions upon which Alamy.com Holdings (Jersey) Limited, hereafter referred to as "Alamy" provides services which facilitate the licensing of Images by Contributors to third parties. The following provisions record the legal terms and conditions upon which Alamy Limited, hereafter referred to as "Alamy" provides services which facilitate the licensing of Images by Contributors to third parties.
  2. Definitions

    Definition Change Original Replacement
    "Alamy" Amendment means Alamy.com Holdings (Jersey) Limited or any other person to whom it may license or assign its rights under this contract. means Alamy Limited or any other person to whom it may licence or assign its rights under this contract.
    "Storage Fee" Amendment means the Alamy fee per Image per month, or part thereof, levied in advance on the first day of the month. This fee will come into effect on 1st March 2003. means the Alamy fee per Image per month, or part thereof, levied in advance on the second working day of the month. This fee will come into effect on 1st March 2003.
  3. Tax

    Clause Change Original Replacement
    a. New Clause  

    The Contributor must (as part of the Registration process or otherwise) complete a declaration confirming which territory he/she is tax resident in.

    Where the Contributor is tax resident in an overseas jurisdiction, Alamy will deduct withholding tax from the royalties paid in accordance with the terms of the double tax treaty between the UK and the relevant overseas jurisdiction, where applicable.

    If for any reason the Contributor is not entitled to benefit from the reduced rate of withholding tax under the treaty (including, without limitation, where the Contributor supplies incorrect or inaccurate information in connection with the declaration required under this Clause 6), the Contributor shall immediately on demand by Alamy pay to Alamy any additional withholding tax due (together with any associated interest and penalties incurred by Alamy).

    The Contributor must immediately notify Alamy in the event of any change in his/her tax residence.

    b. New Clause  

    Agreement to self billing for UK VAT registered Contributors.

    The Contributor, if based in the UK, must (as part of the Registration process or otherwise) complete a declaration confirming whether they are registered for Value Added Tax (VAT) in the United Kingdom.

    Where the Contributor is registered for VAT, the Contributor agrees that Alamy will self bill the Contributor. Alamy will issue self-billed invoices to the Contributor for all taxable supplies made to Alamy by the Contributor (Taxable Supplies is defined by HM Customs & Excise as all goods and services which are VAT rated). The self-billed invoices will include the Contributor's name, address and VAT number, together with all other details that constitute a full VAT invoice.

    Alamy, whose VAT number is 718 2941 23, will agree new terms for self billing with the Contributor in the event that Alamy's VAT number changes and Alamy will inform the Contributor if the self-billed invoices are outsourced to a third party.

    Alamy will add VAT onto the royalties paid in accordance with the standard rate of VAT in force at the time of the transfer.

    If it is subsequently found that the Contributor was not VAT registered or has failed to provide accurate and current information relating to his or her VAT status, then the Contributor shall immediately on demand by Alamy repay to Alamy any VAT paid over incorrectly (together with any associated interest and penalties incurred by Alamy) . The Contributor agrees that they will not issue VAT invoices for Taxable Supplies covered by this agreement.

    This self billing agreement will expire in line with the end of the Contributor contract.

    The Contributor must immediately notify Alamy in the event of any change in his/her VAT registered status, a change of their VAT number or if they sell all or part of their business.

    c. New Clause  

    Alamy may recover by debiting the Contributor's account any moneys due to Alamy under clauses a or b above in respect of tax and any associated interest or penalties.

  4. Distribution

    Clause Change Original Replacement
    b. Amendment The Contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the Contributor cannot deselect territories until 31 March 2004. The Contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the Contributor cannot deselect these territories until the date specified on the Distribution page of the Alamy website.

10th December 2003

User: info@alamy.com, Date: 01/07/03, Time: 12:00:00 GMT

Alteration to the Contributor agreement on 12.00 GMT, 10th December 2003

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

  • If there has been a spelling or grammatical change then this has not been listed, nor have we listed capitalising initials.
  • We have referenced Alamy as Alamy in the contract rather than Alamy.com, and deleted all mention of the word 'broker'.
  • View previous version of the contibutor agreement; valid from 12.00 GMT, 1st July 2003 until 12.00 GMT, 10th December 2003.
  1. Preliminary

    Clause Change Original Replacement
    N/A Amendment

    The following provisions record the legal terms and conditions upon which Alamy.com Holdings (Jersey) Limited, hereafter referred to as "Alamy.com" provides automated on-line broker services for the licensing of Images by copyright owners and agents to third parties.

    By clicking the "I agree" button, the copyright owner or agent accepts that a legally binding contract has been entered into with Alamy.com on the basis set out below.

    The following provisions record the legal terms and conditions upon which Alamy.com Holdings (Jersey) Limited, hereafter referred to as "Alamy" provides services which facilitate the licensing of Images by Contributors to third parties.

    By clicking the "I agree" button, the contributor accepts that a legally binding contract has been entered into with Alamy on the basis set out below.

    i. Amendment to add the Images contributed by the copyright owner or agent to one or more of its gallery databases as specified in the listing confirmation; to add the Images contributed by the contributor to one or more of its gallery databases;
    ii. Amendment on behalf of the copyright owner to license (or permit any Alamy.com group company to license) the Images to Customers on the basis of Alamy.com's standard royalty-free license or traditional license (with or without rights protection); on behalf of the contributor to license (or permit any Alamy Group company to license) the Images to Customers on the basis of a royalty-free licence or traditional licence (with or without rights protection) as defined by Alamy;
    iii. Amendment to deduct its commission and fee for listing Services as set out in the Alamy.com fees and commissions schedule; and to deduct its commission and fees as set out in the Alamy fees and commissions schedule; and
    a. Amendment Control country, usage, media type and industry in which their Images are available for sale in. Control country, usage, media type and industry in which their Images are available for use by Customers.
    b. Amendment Control whether each Image they submit is displayed as a licensed (with or without rights protection) or royalty free Image. Control whether each Image they submit is displayed as a traditional licence (with or without rights protection) or royalty free licence Image.
    f. Amendment Set their own prices for their Images if the contributor is a royalty-free agency. Set their own prices for their Images if the contributor is a royalty-free agency (subject to clause c of the Section entitled Pricing and Promotion).
    N/A Deletion Where the contract is entered into by an agent s/he represents that s/he has the authority of the copyright owner.  
    N/A Amendment

    A contract shall be entered into between Alamy.com and any copyright owner or agent when the Registration process is completed by the contributor and they have ticked the accepting the contributor agreement box during the Registration Process. The contract shall comprise that Registration Form and the terms and conditions set out or referred to below.

    The contract may be varied or substituted at any time under the section entitled "Contracting Parties" clause c below. The contract may be terminated by Alamy.com or the copyright owner or agent in accordance with the section entitled "Termination" below.

    This agreement shall apply to Images submitted by the contributor as soon as the Registration process is completed by the contributor, or by Alamy on behalf of the contributor with consent from the contributor, and they have ticked the accepting the contributor agreement box during the Registration Process. The Registration Form shall form part of this agreement.

    The contract may be varied at any time in accordance with the clause "Contracting Parties" clause c below. The contract may be terminated by Alamy or the contributor in accordance with the section entitled "Termination" below.

  2. Definitions

    Definition Change Original Replacement
    "Adult Release" Amendment (name changed to Model Release) means any written release signed by or on behalf of any living person or the estate of a deceased person or an infant whose likeness is incorporated in whole or in part in any Image means any written release which, having regard to applicable law in any jurisdiction in the world, is necessary or desirable to secure from or on behalf of any living person or the estate of a deceased person or an infant whose Image is incorporated in whole or in part in any Image
    "Agent" Amendment means the person who acts on behalf of the copyright owner whose name and address is provided on-line to Alamy.com and recorded at Registration means the agent whose name and address is provided on-line to Alamy and recorded at Registration and who acts on behalf of the copyright owner
    "Alamy" Amendment means Alamy.com Holdings (Jersey) Limited or any other person to whom it may assign it rights under this contract means Alamy.com Holdings (Jersey) Limited or any other person to whom it may license or assign its rights under this contract
    "Alamy Group" Amendment means Alamy.com and any person which is Alamy.com's holding company or any subsidiary of such a holding company means Alamy and its holding company and all subsidiaries of those entities and "Subsidiary" means a subsidiary within the meaning of Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989 and "Holding Company" means a holding company within the meaning of Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989.
    "Copyright Owner" Amendment means the person who is represented as owning the copyright in any Image and whose name and address is provided on-line to Alamy.com and recorded at Registration means the person who is represented as owning the copyright in any Image
    "Customer" Amendment means any third party individual, partnership or corporation who may be intermediaries or end-users and to whom a royalty-free license or traditional license (with or without rights protection) is or is proposed to be granted utilising the System means any third party individual, partnership, corporation or other entity who may be intermediaries or end-users and to whom a licence is or is proposed to be granted by Alamy
    "Custom Pricing" Amendment means pricing agreements entered into with Customers where Images are licensed for set amounts, dependent upon usage, These license prices may vary from those of the Alamy.com license calculator. means pricing agreements entered into with Customers where Images are licensed for set amounts, dependent upon usage or dependent upon volumes of Images purchased. These licence prices may vary from those of the Alamy licence calculator.
    "Gallery" Amendment (Name changed to Gallery Database) means any digital library or catalogue of Images maintained or accessed via Alamy.com which shall be divided into a royalty-free section, traditional licensing section and a collections section means any digital library or catalogue of Images maintained or accessed via Alamy which may be divided in any manner including, by way of example into a royalty-free section and a traditional licensing section.
    "Image" Amendment means any digitised photograph which is the subject of a listing confirmation, accepted by Alamy.com and entered into the gallery means any digitised photograph illustration or other Image of whatever nature which is the subject of a listing confirmation, accepted by Alamy and entered into the gallery database
    "Listing Services" Deletion means the services which may be provided by Alamy.com in respect of the submission, storage, display and indexing of an Image including but not limited to translation, captioning, manner and location of display  
    "My Images" Deletion means the website pages which the Images contributed by the contributor are displayed and where relevant details for Images may be added or amended.  
    "Promotional / Marketing Material" New definition   means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, Magalogue, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e-promos (for example: Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion, multi media (e.g. promotional CD-ROMs).
    "Property Release" Amendment means any written release which, having regard to applicable law in any jurisdiction in the world, is necessary or desirable to secure from the owner of any property which Image is incorporated in whole or in part in any Image means any written release from the owner and/or occupier of any property whose permission is necessary or desirable for Images incorporating in whole or in part that property to be published in any jurisdiction in the world
    "Registration" Amendment means the on-line display on the System at the time the contributor clicks the "Register" button at the end of the Registration process and which will have detailed:
    1. the name and address of the contributor and the bank account details (if applicable) for payment to the contributor
    2. the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her
    3. Registration details may be varied on-line and new details are applicable from the time the contributor changes the details in My Account
    means the on-line display on the System at the time the contributor completes the Registration process and which will have included:
    1. the name and address of the contributor and the bank account details (if applicable) for payment to the contributor
    2. the currency in which the contributor is to be paid.

    Registration details may be modified on-line and new details are applicable from the time the contributor, or anyone authorised on behalf of the contributor, changes the details in My Account

    "Releases" Amendment means an adult release, property release or any other release of a third party right which it is necessary or desirable to obtain in respect of any Image means a Model Release, property release or any other release of a third party right including without limitation any copyright, trade mark or other intellectual property right, which it is necessary or desirable to obtain in respect of any Image
    "Royalty-Free Licence" Amendment means any royalty-free license in Alamy.com's standard form from time to time granted by Alamy.com on behalf of a copyright owner during the period of this contract in respect of any Image included in the royalty-free Section means any royalty-free licence as defined and granted by Alamy on behalf of a contributor during the period of this contract in respect of any Image defined by the contributor as royalty-free.
    "Royalty-Free Section" Deletion means the Alamy.com digital library or catalogue of Images intended for licensing to Customers for a single up-front payment under the terms of the Alamy.com royalty-free license  
    "Sub Agent" Amendment means an agent of the contributor who represents the contributor means an agent of the contributor who represents the contributor, where the contributor is an agent
    "Substantially Similar" Deletion means that when one Image is compared to another Image, all or most of its principal elements of subject matter are depicted in a way that may reasonably cause a person viewing each Image side by side to believe one Image is the same or substantially the same as the other Image  
    "System" Amendment means the on-line broker System operated by Alamy.com for the automatic brokering by license of Images by Contributors to Customers means the on-line System(s) operated by Alamy from time to time, including the web site at www.alamy.com and any other internet based System for the licensing of Images which Alamy may operate from time to time under the Alamy brand.
    "Traditional License" Amendment means any tailored license in Alamy.com's standard form granted by Alamy.com on behalf of a copyright owner during the period of this contract in respect of any Image included in the traditional licensing Section means any tailored licence as defined and granted by Alamy on behalf of a contributor during the period of this contract in respect of any Image defined by the contributor as traditionally licensed and combining rights defined by: territory, period, media, industry, print run and other relevant criteria.
    "Traditional Licensing" Deletion means the Alamy.com digital library or catalogue of "Images Section" intended for licensing to Customers with tailored terms selected on-line by Customers and which comprises non exclusive rights defined by:
    1. territory
    2. period
    3. industry
    4. media
    5. print run and other conditions and which also permits Customers to purchase a Rights Protection license with an exclusive element
     
  3. Contracting Parties

    Clause Change Original Replacement
    b. Amendment Where the contributor is the copyright owner Alamy.com is agent for the copyright owner. Where the contributor is itself agent for the copyright owner Alamy.com is sub agent but Alamy.com's contract is with the agent only Where the contributor is itself agent for the copyright owner Alamy is sub agent but Alamy's contract is with the agent only
    c. Amendment Alamy.com may change these terms and conditions by giving 45 days prior notice at any time. Alamy may vary this agreement by altering or deleting any of its provisions or adding any new provisions by giving 45 days prior notice at any time.
  4. Appointment of Alamy

    Clause Change Original Replacement
    a. Amendment The contributor appoints Alamy.com as its agent to grant royalty-free licenses or traditional licenses (with or without rights protection) in any Image, using the System. The contributor appoints Alamy as its agent to grant royalty-free licences or traditional licences (with or without rights protection) in respect of any Image, using the System.
  5. Commission, fees, payment and acceptance

    Clause Change Original Replacement
    a. Amendment Alamy.com shall charge in US Dollars to the contributor: Alamy shall charge in US Dollars to the contributor commission and fees in line with the Alamy fees and commissions schedule:
    a.i. Deletion a commission or commissions at its published rates on all license fees which may include the commission due to any agent who allows an Image to be listed in a section of the gallery maintained by him/her; and  
    a.ii. Deletion fees at its published rates for the listing services.  
    b. Amendment Alamy.com may on 45 days' prior notice at any time change the amount of its charges referred to in this section clause a Alamy may on 45 days' prior notice at any time change, delete or add to the commission and fees referred to in this section clause a
    c. Amendment Within 14 days of the end of each month Alamy.com shall provide the contributor with a statement on-line for that previous month. The statement shall for that period: Within 14 days of the end of each month Alamy shall provide the contributor with statements on-line for that previous month. The statements shall be in US Dollars and for that period:
    c.iv. Amendment specify the balance due to the contributor being net licence fees received after the deduction of the debit balances on the contributor's account and any payment to charity; specify the balance due to the contributor being net licence fees less Commission received after the deduction of the debit balances on the contributor's account;
    c.v. Amendment specify the date and bank account details for the payment due to the contributor. specify the date and the amount for the payment due to the contributor.
    d. Amendment The net balance for each Month shown in the statement shall be paid to the contributor in the currency specified at Registration within 30 days of the end of that Month. The payment due for each Month shown in the statement shall be paid to the contributor in the currency specified in My Account within 30 days of the end of that Month
    e. Amendment Amounts due to the contributor shall be converted from the currency in which it has been received by Alamy.com to the currency for payment at the rate prevailing on the business day immediately preceding the date of payment. Amounts due to the contributor where the contributor is not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy's payment provider on the date of payment.
    f.i. Amendment Alamy.com may recover by debiting a contributor's account or otherwise any sum incorrectly or inadvertently paid to Alamy.com by a Customer which has been credited to the contributor's account. Alamy may recover by debiting a contributor's account or otherwise: any sum incorrectly or inadvertently credited to the contributor's account.
    f.ii. New clause   any amounts due from the contributor to Alamy or any other Alamy Group company, where the contributor is also a purchaser from any Alamy Group company,
    f.iii. New clause   all costs and handling charges incurred by Alamy but properly payable by the contributor including without limitation: non-payment of postage of items sent to Alamy, import taxes charged to Alamy where customs values have been incorrectly entered for submissions sent to Alamy, and charges from the contributor's bank recharged to Alamy's payment provider.
    f.iv. New clause   all other amounts due to Alamy from the contributor.
    g. Amendment Acceptance of an Image by Alamy.com shall be at Alamy.com's sole discretion and Alamy.com shall be entitled to reject any Image if Alamy.com considers that the Image has ceased to be sufficiently marketable. Acceptance of an Image by Alamy shall be at Alamy's sole discretion and Alamy shall be entitled to reject or delete any Image if Alamy considers that the Image has ceased to be sufficiently marketable or is unsuitable for any other reason.
    h. New clause   Net licence fees charged to Customers in currencies other than US Dollars are recorded on the contributor statements in US Dollars. The exchange rate used will be reviewed monthly and adjusted in line with exchange rate fluctuations of more than 3%.
  6. Contributor reporting of sales to Alamy

    Clause Change Original Replacement
    b. Amendment The contributor shall report each month in a format defined by Alamy.com, but which will include the following:
    1. the Alamy.com group Image reference number
    2. the date of each sale in the month, the sale amount excluding any VAT or sales tax for each Image and the Customer to whom sold
    3. the amount due to Alamy.com for the month which shall be calculated as 10% of the amount collected or, if the contributor so wishes, invoiced in respect of sales of Images (net of any transaction of sales tax including VAT) in the previous month
    4. the traditional licence restrictions relating to each Image, if applicable.

    If at any future time the Alamy.com group website has the ability to have the sales information of the traditional licence entered online then the contributor shall be responsible for entering such information online. For the avoidance of doubt if any sub agents represent the contributor then the contributor will be ultimately responsible for the correct entry of data onto the website and the reporting of all sales to Alamy.com made by the sub agents.

    The contributor shall report the sale and pay 10% of the sale value (net of any transaction or sales tax including VAT) to Alamy within 30 days of receiving payment for the sale.
    c. Payment in respect of sales the subject of a reporting obligation under Clause 5b) above shall be made 30 days after the month end. Payment shall either be made in United States Dollars ("US$") or British Pounds ("GBP") at the discretion of Alamy.com. Where the base currencies for the sales are different from US$ or GBP then the exchange rate to be used for conversion to GBP or US$ will be mutually agreed by Alamy.com and the contributor.
  7. Distribution

    Clause Change Original Replacement
    e. Amendment

    The following clause applies only to Contributors who have not agreed to the Alamy distribution scheme outright, or have only selected certain territories in which their Images are not available to Alamy Distributors;

    From time to time Alamy produce Promotional Material that is issued to prospective and existing Customers worldwide. Promotional Material is defined as solely existing in print and does not include Images presented online. In cases where promotional material is requested by Alamy Distributors, Alamy's Distributors have the right to sell any Images that are included in Alamy promotional material. Sales to Distributors of Images included in Promotional Material will be charged at the contributor's normal rate of commission and not at the Distributor commission rate.

    The following clause applies only to Contributors who have not agreed to the Alamy distribution scheme outright, or have only selected certain territories in which their Images are available to Alamy Distributors;

    From time to time Alamy produce Promotional/Marketing Material that is issued to prospective and existing Customers worldwide. In cases where Promotional/Marketing Material is requested by Alamy Distributors, Alamy's Distributors have the right to sell any Images that are included in Alamy promotional/marketing material. Sales to Distributors of Images included in promotional/marketing material but only available for Distribution in that territory by virtue of this clause e will be charged at the contributor's normal rate of commission and not at the Distributor commission rate. For the avoidance of doubt, if the contributor has set licence restrictions excluding all sales of his/her Images in specific territories, this clause e shall not apply in relation to those territories.

  8. Breaches of licences and defaults by Customers

    Clause Change Original Replacement
    b. Amendment In the event of any alleged breach of any license by a Customer or any other Infringement of intellectual property or other rights, the contributor may either take action themselves against the Customer or request Alamy.com to take action. In the event of any alleged breach of any licence by a Customer or any other Infringement of intellectual property or other rights in an Image, the contributor may either take action themselves against the Customer or alternatively request Alamy to take action.
    b.ii. Amendment In the event of the contributor authorising Alamy.com to take action Alamy.com may: In the event of the contributor authorising Alamy to take action Alamy may (but shall not be obliged to):
    c. New clause   The contributor agrees that where Alamy incurs legal and/or other specific costs relating to an outstanding amount owed by a Customer then these costs will be recouped by Alamy first before accounting to the contributor. For the avoidance of doubt should a debt be only partially cleared by a Customer then Alamy will recoup its specific costs first and then divide the remaining amount between the contributor and Alamy in line with the commission schedule in force at the time the debt was invoiced. Alamy shall not be obliged to pursue payment of debts owed by Customers if, in Alamy's opinion, the prospects of recovery are not good enough to justify the likely collection costs.
  9. Representations, warranties and undertakings by contributor

    Clause Change Original Replacement
    a. Amendment The contributor has detailed in the relevant field in my Images all prior rights applicable to each Image The contributor has detailed in the relevant fields all licence restrictions and all prior rights applicable to each Image
    b. Amendment except for the prior rights (if any) the copyright owner is the owner free from any third party rights of the copyright and all other intellectual property rights in the Image; except for the prior rights (if any) the copyright owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the world in the Image;
    d. Amendment no other party's permission is required for the contributor to enter into this contract or for Alamy.com to perform the broker services envisaged by this contract; no other party's permission is required for the contributor to enter into this contract or for Alamy to perform the services envisaged by this contract and the contributor is entitled to supply all Images to Alamy free from any claims by third parties of any nature;
    e. Amendment except for the prior rights (if any) and subject to the terms set out in the listing confirmation there is not and will not during the term of this contract be any fetter on Alamy.com licensing each Image to a Customer to the fullest extent possible utilising its royalty-free license or traditional license (with or without rights protection); except for the Prior rights (if any) and subject to the terms set out in the listing confirmation there is not and will not during the term of this contract be any fetter on Alamy.com licensing each Image to a Customer to the fullest extent possible utilising its royalty-free license or traditional license (with or without rights protection) as defined by Alamy;
    k. Amendment none of the Images or the captioned information is defamatory or pornographic; none of the Images or the captioned information is defamatory, pornographic or otherwise unlawful;
    l. Amendment the contributor will not supply to Alamy.com any Image which is the same or Substantially Similar to any of the contributor's Images that have been supplied to a third party under any exclusive arrangement. These parties may include, but are not limited to, agencies and Customers; and the contributor will not supply to Alamy any Image which is the same or similar to any of the contributor's Images that have been supplied to a third party where the supply of such Image would conflict with any exclusive arrangement between the contributor and a third party. These parties may include, but are not limited to, agencies and Customers;
    n. New clause   all Images supplied to Alamy are available to be used free of charge by the Alamy Group in promotional/marketing material designed to promote sales of Images and/or to enhance awareness of the Alamy Group name/brand or that of the individual contributor. Images may be used in any media format, including but not limited to print and other offline or online media, without prior consent or approval from the contributor. Where Images are used to promote the Alamy Group name/brand in general, Alamy will make reasonable efforts to provide a photo credit to the contributor where commercially reasonable, but the contributor understands that Alamy cannot guarantee a photo credit to the contributor and will not be held liable if one is not made or is made in a different format from that requested by Alamy;
    o. New clause   It is the contributor's responsibility at all times to update the System themselves. If the contributor gives Alamy permission to update the System, or if Alamy updates the System as they are aware of an error on the contributor's details, Alamy shall not be liable for failure to do so or for any mistakes it may make. It is the contributor's duty to check any updates Alamy makes.
  10. Obligations of Alamy

    Clause Change Original Replacement
    a. Deletion to comply with its obligations under the sections entitled "broker commission, fees, payment and acceptance" and "breaches of licenses by Customers";  
  11. Pricing and Promotion

    Clause Change Original Replacement
    b. Amendment Alamy.com offers its Customers the ability to price up all Images on its site by using a license calculator. The contributor agrees that Alamy.com can sell Images at the prices from this calculator without Alamy.com having to consult Contributors, subject to this section's clause c below. Alamy offers its Customers the ability to price up all Images on its site by using a license calculator. The contributor agrees that Alamy can sell Images at the prices from this calculator without Alamy having to consult Contributors.
    c. Amendment Promotion - Alamy.com shall have the right to offer Customers promotions on Images to promote the Alamy.com service. For example promotions may include, but are not limited to, acquiring new Customers or stimulating buying from existing Customers by offering discounts. Promotion - Alamy shall have the right to offer Customers promotions on Images to promote the Alamy service without Alamy having to consult Contributors. For example promotions may include, but are not limited to, acquiring new Customers or stimulating buying from existing Customers by offering discounts.
  12. Audit rights of Alamy on contributor

    Clause Change Original Replacement
    c. Amendment The audit of the contributor shall be paid for by the Alamy.com group except where the contributor is found to have not paid amounts due to the Alamy.com group in excess of US$ 500 in any 12 month period, above which level the contributor will have to pay the costs of the audit. The audit of the contributor shall be paid for by the Alamy Group except where the contributor is found to have underpaid amounts due to the Alamy Group in excess of US$500 in any 12 month period, above which level the contributor will have to pay the costs of the audit.
    d. Deletion If the contributor is found to have withheld payments from Alamy.com then Alamy.com shall have the right to the following:
    1. interest on all delayed payments calculated at the Bank of England base rate plus 4% from the date from which payment was due to Alamy.com.
    2. to be reimbursed the audit costs where the audit reveals an underpayment of 10% or more.
     
    e. Deletion Alamy.com reserves the right that if the contributor has withheld funds in excess of US$ 500 in any one calendar year to terminate the contract with the contributor.  
    d. (previously clause f) Amendment Alamy.com also reserves the right to carry out spot checks on Contributors to assess whether they are complying with the requirement to report sales which have originated from a search of the Alamy.com group website. These spot checks may include, but are not limited to, contacting Customers who have downloaded a comp Image to see if they have bought the Image direct from the contributor and buying via a third party an Image from the contributor, in respect of which the contributor agrees a refund shall be given if demanded. Alamy also reserves the right to carry out spot checks on Contributors to assess whether they are complying with the requirement to report sales which have originated from a search of the Alamy Group website. These spot checks may include, but are not limited to, contacting Customers or other third parties who have downloaded an Image to see if they have bought the Image direct from the contributor and buying via a third party an Image from the contributor, in respect of which the contributor agrees a refund shall be given if demanded.
  13. Credits, copyright notices and promotion

    Clause Change Original Replacement
    a. Amendment Customers of Alamy.com using Images for editorial purposes will be instructed to credit the photographer and, where applicable, the agency name. Customers of Alamy using Images for editorial purposes will be instructed to credit the photographer/Alamy or, where applicable, the agency name/Alamy.
    b. New clause   Third parties who use Images with Alamy's permission will be instructed to credit the photographer/Alamy or, where applicable, the agency name/Alamy.
    c. New clause   Alamy cannot guarantee a photo credit in any instance, and will not be held liable if a photo credit is not made. Nor can Alamy guarantee if a photo credit is made that it will show the contributor name.
    d. (previously clause b) Amendment Alamy.com shall have the right, including in advertising and publicity in any media, to use the name of any contributor to advertise and promote the System with prior permission from the contributor. Alamy shall have the right, including in advertising and publicity in any media, to use the name of any contributor to advertise and promote the System and/or the Alamy brand.
    e. (previously clause c) Amendment Provided Contributors acknowledge Alamy.com's rights they may use Alamy.com's trade marks in any lawful promotion or publicity without Alamy.com's prior written consent. Pornographic, defamatory or other unlawful use including use in unsolicited electronic communications is not permitted Provided Contributors acknowledge Alamy's rights they may use Alamy's trade marks (including without limitation the words ALAMY and MAGALOGUE) in any lawful promotion or publicity without Alamy's prior written consent. Pornographic, defamatory or other unlawful use including use in unsolicited electronic communications is not permitted. Alamy shall be entitled to revoke this permission if it becomes aware of any use of its trade marks which it deems inappropriate.
    f. (previously clause d) Amendment The contributor allows the Customer the right to alter their Images providing it is not pornographic, defamatory, libellous or otherwise unlawful and the contributor undertakes that the person who created the Image has waived all moral rights in respect of the Image. The contributor grants to the Customer the right to alter their Images providing it is not pornographic, defamatory or otherwise unlawful and the contributor undertakes that the person who created the Image has waived all moral rights in respect of use of the Image pursuant to this agreement by Alamy, its Customers or any other third parties.
  14. Liability of Alamy

    Clause Change Original Replacement
    a. Amendment Alamy.com's liability for breach of the sections entitled "Broker commission, fees, payment and acceptance" and "Breaches of licenses by Customers"; or for any other breach of the provisions of this agreement or the delivery of its services shall not:
    1. exceed the lower of US$1,000 or the net payment made to the contributor by Alamy.com for the 12 month period prior to the date of the breach; or
    2. be claimed more than 12 months after the date of the alleged breach.
    Subject to clause 16c below, Alamy's liability for negligence or breach of any of the provisions of this agreement shall not:
    1. exceed the total commission payable to Alamy during the 12 month period preceding the negligence or breach, provided that this shall be deemed to be no less than $1,500 and no more than $30,000; or
    2. be claimed more than 12 months after the date of the alleged breach.
    b. New clause   Alamy shall have no liability to the contributor by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Alamy, its servants or agents or otherwise) which arises out of or in connection with this agreement.
    c. Amendment clause a of this section shall not preclude any claim for death or bodily injury nor any claim arising from wilful default or gross negligence on the part Alamy.com or any person for whom Alamy.com is legally responsible. The terms of this clause 16 shall not preclude any liability or claim for death or bodily injury nor any claim arising from wilful default or gross negligence on the part of Alamy or any of its servants, agents or otherwise.
    d. New clause   Each provision of this clause 16 is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and shall remain in force notwithstanding the termination of this agreement.
  15. Termination

    Clause Change Original Replacement
    a.i. Amendment on 45 days' prior notice to Alamy.com at any time, except when Alamy.com has substantially contributed to the digitisation of the Images of any contributor, when, in this case only, the minimum contract period shall be 12 months; on 45 days prior notice to Alamy at any time;
    a.ii.a. Amendment is in material breach of any provision of the contract having failed to remedy a 30 days' notice requiring Alamy.com to remedy such breach; is in material breach of any provision of the contract having (if the breach is capable of remedy) failed to comply with a 30 days' notice in writing requiring Alamy to remedy such breach;
    b.i. Amendment the contributor is in material breach of this contract; the contributor is in material breach of this contract having (if the breach is capable of remedy) failed to comply with a 30 days' notice in writing requiring the contributor to remedy such breach;
    b.ii. Amendment the account of a contributor is credited with license fees in amounts of less than US$25 in any 12 month period; the account of a contributor is credited with licence fees in amounts totalling less than US$25 in any 12 month period;
    b.iii. Amendment if no Image attributed to the contributor has been the subject of a license fee for a period of 12 months; no Image attributed to the contributor has been the subject of a license fee for a period of 12 months;
    b.iv. Amendment if remittances by Alamy.com shall not have been cashed in any 2 year period in which case Alamy.com may remit the balance in the account of the contributor to a charity of Alamy.com's choice; remittances by Alamy shall not have been cashed in any 2 year period in which case Alamy.com may remit the balance in the account of the contributor to a charity of Alamy's choice;
    c.
    (Previously b.vi.)
    Amendment Alamy.com gives 6 months' notice to the contributor. Alamy may terminate the contract at any time on giving 6 months' written notice to the contributor.
    d.ii.
    (Previously c.ii.)
    Amendment cease to grant licenses for the Image so deleted; cease to grant licences for the Image so deleted (but without prejudice to any licences already granted before termination);
    d.iv.
    (previously c.iv.)
    Amendment not return to the contributor any data, of whatever kind, relating to an Image. not return to the contributor any data, of whatever kind, relating to an Image or an Image itself.
  16. Binding Effect

    Clause Change Original Replacement
    a. Amendment This contract will continue for the benefit of and be binding upon Alamy.com and the contributor and their respective successors in title and assignees. The contributor may only assign the contract with the prior consent of Alamy.com. This contract will continue for the benefit of and be binding upon Alamy and the contributor and their respective successors in title and assignees. The contributor may only assign the contract with the prior written consent of Alamy.
    b. Amendment Alamy.com may assign this contract to any third party and if it does so references herein to Alamy.com shall thereafter be to such third party and references herein to the Alamy.com group shall be to any subsidiary of such third party, or the parent company of such third party or any subsidiary of such parent company. Alamy may assign this contract to any member of the Alamy Group or any third party and if it does so references herein to Alamy shall thereafter be to such third party or Alamy Group company and references herein to the Alamy Group shall be to any Subsidiary of such third party or Alamy Group company, or the holding company of such third party or Alamy Group company or any subsidiary of such holding company or Alamy Group company.
  17. Notices

    Clause Change Original Replacement
    a. Amendment Any notice under this contract may be sent electronically to the email address notified by each party to the other and may also be sent by pre-paid first class post to the name and address notified in accordance with this clause. Contributors are requested to advise Alamy.com of a second email address at all times which shall be the default address if the first email address does not function. A notice served under this clause shall be deemed to have been received on the expiration of 48 hours after service. Any notice under this contract may be sent electronically to the email address notified by each party to the other and may also be sent either by pre-paid first class post, recorded delivery or registered post, to the name and address notified in accordance with this clause. A notice served under this clause shall be deemed to have been received on the expiration of 48 hours after service. Any notice sent by Alamy to the Contributor's email address notified to Alamy shall be deemed to have been duly served on the Contributor whether or not such notice is actually received by the Contributor.
    b. Amendment Alamy.com may also serve notice by a display on its website in a reasonably prominent position to which the attention of Contributors is drawn. Alamy may also serve notice on the Contributor by a display on its website in a reasonably prominent position to which the attention of Contributors is drawn.
  18. Choice of Law

    Clause Change Original Replacement
    N/A Amendment This contract shall be agreed by English law and the parties submit to the non-exclusive jurisdiction of the English Courts. The English language version of this contract shall be the definitive one in the event of any dispute. This contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts. The English language version of this contract shall be the definitive one in the event of any dispute.

1st July 2003

User: info@alamy.com, Date: 01/07/03, Time: 12:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement.

You can view the contributor agreement which was on the site between 12.20 GMT, 9th December 2002 and 12.00 GMT, 1st July 2003 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. Please note where previously we referenced to a Clause number in the agreement we have now referenced to a Clause heading. These changes have not been listed. If there has been a spelling or grammatical change then this has not been listed.

Contributor contract changes

  1. 7. Distribution
    This has been inserted:
    1. The following clause applies only to Contributors who have not agreed to the Alamy distribution scheme outright, or have only selected certain territories in which their Images are not available to Alamy Distributors;
      From time to time Alamy produce promotional material that is issued to prospective and existing Customers worldwide. Promotional Material is defined as solely existing in print and does not include Images presented online. In cases where Promotional Material is requested by Alamy Distributors, Alamy's Distributors have the right to sell any Images that are included in Alamy Promotional Material. Sales to Distributors of Images included in promotional material will be charged at the contributor's normal rate of commission and not at the Distributor commission rate.
  2. 8. Breaches of licenses by Customers
    Clause a, this has been deleted;

    "is providing a low cost broker service and that it"

    Clause b has been amended to this:
    1. In the event of any alleged breach of any license by a Customer or any other Infringement of intellectual property or other rights, the contributor may either take action themselves against the Customer or request Alamy.com to take action.

    In the event of the contributor taking action then Alamy.com's sole obligations shall be to:

    1. supply the contributor with the information on its database relating to that Customer; and
    2. provide testimony in any action which may be brought by the contributor by verifying the terms of the contract entered. Prior to giving this assistance Alamy.com may require the contributor to have indemnified Alamy.com for all of the costs and expenses of any such action including at Alamy.com's discretion providing and securing the costs of Alamy.com's legal and other advisers.

    In the event of the contributor authorising Alamy.com to take action Alamy.com may:

    1. make such claims and take such action as may be necessary (in the opinion of Alamy.com) in connection herewith. Fifty percent (50 %) of all amounts recovered by Alamy.com in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy.com in connection herewith) shall be paid to the Contributor. Nothing herein shall limit Contributor's right to make such claim or to take such action.
  3. 9. Representations, warranties and undertakings by contributor
    This:
    1. where the contributor has indicated that a release is available they must have access to that release and must be able to make it available to Alamy.com if it is requested by Alamy.com;
    has been replaced by:
    1. where the contributor has indicated that a release is available he/she must have access to that release and must be able to make the original available to Alamy.com if it is requested by Alamy.com;
    This has been inserted:
    1. The contributor warrants that all information he/she gives to Alamy.com by any means (including without limitation via the Alamy.com web site or through spreadsheets) concerning model and/or property Releases for any Images will be true and accurate and that all model and/or property Releases of which Alamy.com is informed of by the contributor will (a) be legally binding and (b) (except as otherwise notified to Alamy.com via the Alamy.com web site or, with the agreement of Alamy.com, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues. The contributor agrees to indemnify Alamy.com against all losses, damages, expenses and costs (including legal costs) arising out of any breach of this warranty, including without limitation where the contributor has stated there is a release for an Image but no such release exists, or where the contributor has stated information regarding the release which proves to be incorrect.
  4. 11. Pricing and promotion
    This:
    1. Where an Image has been used in a printed promotional piece then the contributor agrees that the Image will remain available for sale on the Alamy.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively otherwise than via the System or the contributor has assigned exclusive rights for that Image to a third party. This clause to stand even if the contributor wishes to terminate their contract.
    has been replaced by:
    1. Where an Image has been used in a printed promotional piece by Alamy.com then the contributor agrees that the Image will remain available for sale on the Alamy.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively for world rights otherwise than via the System. This clause to stand even if the contributor terminates their contract.

9th December 2002

User: info@alamy.com, Date: 09/12/02, Time: 12:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement.

Our contributor contract has been altered, principally to accommodate the additional clauses which relate to Distribution (if you have chosen to participate). However, we would also like to alert you to the change to our policy on deleting Images clause 1 c) which applies to all Contributors.

You can view the contributor agreement which was on the site between 10.00 GMT, 02 May 2002 and 12.00 GMT, 9th December 2002 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. All clause numbers after no.5 in the old contract have changed their number. For example clause no.6 now becomes clause no.8 and so on. Please note where previously we referenced to a Clause number in the agreement we have now referenced to a Clause heading. These changes have not been listed. If there has been a spelling or grammatical change then this has not been listed.

Contributor contract changes

This has been inserted:

Alamy.com fees and commissions schedule Model Type
Alamy Red
Not available after 02 May 2002
Alamy Green Alamy Blue
Distribution Sales Commission All Zones 55% (Distributor 30%) (Alamy 25%) 55% (Distributor 30%) (Alamy 25%) 55% (Distributor 30%) (Alamy 25%)
  • Clause 1c Preliminary

    Delete any Images at any time, subject to clause 9, d has been replaced by:
    Delete any Images after one hundred and eighty (180) days notice, subject to the section entitled "Pricing and Promotion", clause d.

  • Clause 2 Definitions
    This has been inserted:
    "Distribution Sales Commission" means the percentage commission charged by Alamy.com on the net licence fee as set out in the Alamy.com fees and commissions Schedule on all sales made by Distributors
    This has been inserted:
    "Distributor" means any third party company appointed by Alamy.com to sell contributor's Images to end user Customers in territories to which the contributor have given their agreement.

    "Listing Services"
    means the services which may be provided by Alamy.com in respect of the display and...
    has been replaced by:
    "Listing Services"
    means the services which may be provided by Alamy.com in respect of the submission, storage, display and...

  • Clauses 5 b, c, & d have become Clause 6 a, b & c

  • This has been inserted:
    Distribution
    7.
    1. If the contributor agrees to their Images being sold through a Distributor by confirming through the Alamy.com website, in writing, by email, or verbally to a member of the Alamy.com staff then all of the contributor's Images will be available for sale by Distributors in the territories specified.
    2. The contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the contributor cannot deselect territories until 31 March 2004.
    3. The contributor agrees that for all sales made by Distributors the contributor will pay the distribution sales commission.
    4. Non-withstanding the clauses above the contributor's rights of termination as laid out in the Section entitled "Termination" remain unaffected, as do their rights in regards to removing individual Images.
  • Clause 9 Representations, warranties and undertakings by contributor This has been inserted:
    1. any information supplied for display with any Image, including captions, key words, descriptions, pseudonyms, agency names and descriptions does not include information not pertaining to the specific Image itself including but not limited to contact details, web addresses, Uniform Resource Locator's (URL's) and copyright and rights management information.

2nd May 2002

User: info@alamy.com, Date: 02/05/02, Time: 10:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement.

You can view the contributor Agreemet which was on the site between 17.00 GMT, 27 February 2002 and 10.00 GMT, 02 May 2002 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. If there has been a spelling or grammatical change then this has not been listed. All clause numbers after no.9 in the old contract have changed their number. For example clause no.10 now becomes clause no.11 and so on.

Contributor contract changes

Alamy.com fees and commissions schedule
  Units Amount Timing
Order processing fees
Credit card processing fee of gross license fee % 5.00 --
OR
Invoicing and collection of gross licence fee from Customers with accounts % 5.00 --
Collector Commission
Commission on net licence fees for an Image sold through a collection section % 0.00 --
Alamy.com fees and commissions
Alamy.com commission of net licence fee for Contributors with a registered payment address in Austria, Belgium, Canada, Denmark, Finland, Franced Germany, Gibraltar, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States of America % 10.00 --
Alamy.com commission of net licence fee for Contributors with a registered payment address in all other countries (not listed above) % 20.00 --
Image Submission fee (per Image submitted) US$ 2.00 --
Storage Fee per Image per month, or part thereof, levied in advance of the first day of the month. This charge will come into effect on 1st March 20d3 US$ 0.10 (cents) --
Payment frequency
If Account Balance (net of commissions) is > US$ 250 of Cleared Funds -- -- Monthly
Payment fees
Cheque fee - Citibank Processing and Postage US$ 8.00 --
Citibank Foreign exchange fee (if payment not in US$) of net balance % 1.00 --
Cheque cancellation fee US$ 15.00 --
OR
Wire Transfer fee - Citibank Processing and Administration US$ 11.00 --
Citibank Foreign exchange fee (if payment not in US$) of net balance US% 1.00 --

Has been replaced by the following table:

Alamy.com fees and commissions schedule Model Type
Alamy Red
Not available after 02 May 2002
Alamy Green Alamy Blue
Commission
Includes 5% Order Processing Fee
Zone 1 15% 25% 35%
Zone 2 25% 35% 45%
Storage Fees
Per Image per month
All Zones 10c
(From March 2003)
10c
(From March 2003)
None
Submission fees All Zones $2 per Image None None
Payment fees All Zones Either:
  1. US $8 Cheque fee - Citibank Processing and Postage
  2. 1% Citibank Foreign exchange fee (if payment not in US$) of net balance
  3. US $15 Cheque cancellation fee
Or:
  1. US $11 Wire Transfer fee - Citibank Processing and Administration
  2. 1% Citibank Foreign exchange fee (if payment not in US$) of net balance
Payment frequency All Zones If Account Balance (net of commissions) is more than US$ 250 of Cleared Funds

Zone 1
For Contributors with a registered payment address in Austria, Belgium, Canada, Denmark, Finland, France, Germany, Gibraltar, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States of America.

Zone 2
For Contributors with a registered payment address in all other countries not listed above.

  1. Preliminary

    1. Replaced "third parties" with "Customers"
    2. Replaced "in the listing confirmation" with "at Registration"

    This has been inserted:

    Under this contract the contributor has the right to:

    1. Control country, usage, media type and industry in which their Images are available for sale in.
    2. Control whether each Image they submit is displayed as a licensed (with or without rights protection) or royalty free Image.
    3. Delete any Images at any time, subject to clause 9, d.
    4. Update the System, and must do so in respect of any sale on exclusive terms not made via the Alamy.com System.
    5. Supply their Images on a non exclusive basis and may therefore sell their Images in any other way they wish.
    6. Set their own prices for their Images if the contributor is a royalty free agency.

    A contract shall be entered into between Alamy.com and any copyright owner or agent when the "I Accept" button is clicked following the display of a completed listing confirmation. The contract shall comprise that listing confirmation Form and the terms and conditions set out or referred to below.

    The contract may be varied or substituted at any time by the completion of a new listing confirmation. The contract may be terminated by Alamy.com or the copyright owner or agent in accordance with clause 14 below.
    has been replaced by:
    A contract shall be entered into between Alamy.com and any copyright owner or agent when the Registration process is completed by the contributor and they have ticked the accepting the contributor agreement box during the Registration Process.

    The contract shall comprise that Registration Form and the terms and conditions set out or referred to below.

    The contract may be varied or substituted at any time under clause 3 c below. The contract may be terminated by Alamy.com or the copyright owner or agent in accordance with clause 15 below.

  2. Definitions

    The following definitions shall apply:"Agent"
    Replaced" in the listing confirmation applicable to any Image "with" at Registration

    "Cleared Funds"
    means funds available to pay the contributor from licence sales made, where the time to clear the funds shall be the longer of either 45 days from the date of the licence sale or the date on which receipt of the funds for the sale is cleared in Alamy.com's bank account.
    has been replaced by:
    "Cleared Funds"
    means funds available to pay the contributor from licence sales after receipt of funds for the sale has been cleared in Alamy.com's bank account but not sooner than 45 days from the date of the licence sale.

    "Collector"
    Replaced "in a listing confirmation" with "at Registration"

    This has been inserted:
    "Commission" means the Alamy.com commission on the net license fee

    "Contributor"
    Replaced "the listing confirmation" with "Registration"

    "Copyright Owner"
    Replaced "recorded in the listing confirmation form applicable to that Image" with "at Registration"

    This has been inserted
    "Custom Pricing"
    means pricing agreements entered into with Customers where Images are licensed for set amounts, dependent upon usage, These license prices may vary from those of the Alamy.com license calculator.

    "Listing confirmation"
    means the on-line display on the System at the time the contributor clicks the "I agree" button and which will have detailed:

    1. the name and address of the contributor and the bank account details (if applicable) for payment to the contributor.
    2. the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her
    3. where the contributor is an agent the name and/or identification reference code for the copyright owner of each Image being provided by the contributor
    4. the Alamy.com Gallery in which the Image is to be displayed which may be a
      1. Royalty-free gallery; or
      2. a Traditional license gallery;
      3. a Collector's gallery;
    5. the listing services selected by the contributor for each Image
    6. any Prior Rights or any restrictions as to territory, media or otherwise which are to apply to the broker appointment of Alamy.com for any Image
    7. if applicable, the contributor's permission for Images to be made available on a discounted basis or subscription basis to educational and/or charitable organisations
    8. when available on the System and, if applicable, the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice

    has been replaced by:
    "Listing confirmation"
    means the on-line display on the System called my Images used by the contributor to assign attributes to Image(s), including but not limited to license types, license restrictions, keywords, descriptions, captions and pseudonyms.

    This has been inserted:
    "My Account" means the website pages in which the contributor details are specified.
    "My Images" means the website pages which the Images contributed by the contributor are displayed and where relevant details for Images may be added or amended.
    "Order Processing Fee" means the Alamy.com fee charged on the gross license fee for credit card processing or invoicing and collection from Customers with accounts.
    For the avoidance of doubt, where a company within the Alamy.com group licenses an Image to a Customer, and this license sale is subject to sales tax (e.g. VAT), then the order processing fee is calculated on the net license fee and the sales tax. element added together.
    "Registration"
    means the on-line display on the System at the time the contributor clicks the "Register" button at the end of the Registration process and which will have detailed:

    1. the name and address of the contributor and the bank account details (if applicable) for payment to the contributor.
    2. the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her.

    "Storage Fee" means the Alamy.com fee per Image per month, or part thereof, levied in advance on the first day of the month. This fee will come into effect on 1st March 2003.

    "Traditional License"
    Replaced "License in Alamy.com's standard granted by..." with "License in Alamy.com's standard form granted by..."

    "Traditional Licensing"
    Replaced "... or catalogue of "Images Section" intended for licensing..." with " or catalogue of Images intended for licensing..."

    This has been deleted:
    "Termination Fee"
    means the fee payable for withdrawing an Image from the System as described in these terms and conditions.

  3. Contracting parties

    Replaced:

    1. The broker contract represented by a listing confirmation and these terms and conditions are between Alamy.com and the contributor. licenses are entered into by Alamy.com as agent for the copyright owner of an Image.
    2. Alamy.com may change these terms and conditions by giving 45 days prior notice at any time.
    3. No person who is not a party to the contract may enforce any term or condition of it.

    With

    1. The broker contract represented by Registration and these terms and conditions are between Alamy.com and the contributor.
    2. Where the contributor is the copyright owner Alamy.com is agent for the copyright owner. Where the contributor is itself agent for the copyright owner Alamy.com is sub-agent but Alamy.com's contract is with the agent only.
    3. Alamy.com may change these terms and conditions by giving 45 days prior notice at any time.
    4. No person who is not a party to this contract (including any copyright owner or sub-agent of a contributor) may enforce any term or condition of it and the contracts (rights of third parties) Act 1999 shall not apply.
  4. Appointment of Alamy.com

    This has been inserted:

    1. Where the contributor is an agent s/he warrants that s/he has the authority of the copyright owner to enter into this contributor agreement.
  5. Broker commission, fees, payment and acceptance

    1. "The contributor shall report all sales made by the contributor or the contributor's sub agents where either the sale has originated from a search on the website maintained by any company in the Alamy.com group, or where Alamy.com has provided a high resolution Image for the fulfilment of the sale by a contributor."
    has been replaced by:
    1. "The contributor shall report all sales made by the contributor or the contributor's sub agents where either a sale was made where a Customer has stated that the Image they require was found on the website maintained by any company in the Alamy.com Group, or where Alamy.com has provided a high resolution Image for the fulfilment of the sale by a contributor. A statement by a Customer as to where they first found an Image shall be conclusive evidence as between the contributor and Alamy.com as to whether the Image was found via the Alamy.com website "
    1. the amount due to Alamy.com for the month, which shall be calculated as the relevant percentage as set out in the Alamy.com Fees and commissions schedule multiplied by the total amount collected in the relevant month of all previous sales, or, if the contributor so wishes, the relevant percentage multiplied by the amount of net sales in the month.
    has been replaced by:
    1. the amount due to Alamy.com for the month which shall be calculated as 10% of the amount collected or, if the contributor so wishes, invoiced in respect of sales of Images (net of any transaction of sales tax including VAT) in the previous month.
    1. Replaced "15 days" with "30 days".
    2. Deleted " or the amount of the termination fee."
    3. Replaced " in the listing confirmation" with "at Registration".
  6. Representations, warranties and undertakings by contributor

    The contributor represents, warrants and undertakes to Alamy.com as follows:

    This has been inserted:

    1. The contributor has detailed in the relevant field in "My Images" all prior rights applicable to each Image.
    1. the contributor has reviewed each Image supplied by him/her and has secured any Releases relevant to each Image;
      Has been replaced with:
    1. where the contributor has indicated that a release is available they must have access to that release and must be able to make it available to Alamy.com if it is requested by Alamy.com;
    1. captioned information provided with any Image is accurate and does not infringe the rights of any third party;
      Has been replaced with:
    1. any information supplied with any Image or for use on the Alamy.com website is accurate and does not infringe the rights of any third party, and is not defamatory or pornographic. This information includes, but is not limited to, captioning, keywording, descriptions and pseudonyms;

    This has been inserted:

    1. the contributor understands that they assign the license types available on the website to each Image they submit, and that the contributor understands the implications of each license type(s) they select. The contributor understands that once a license type is chosen it cannot be changed.
    2. the contributor will not supply to any third party any Image which is Substantially Similar to any of the contributor's Images which if it were the Image itself would conflict with any prior rights, with the exception that Images may be supplied by the contributor to any third party for the contributor's personal promotional purposes; and has been replaced with:
    1. the contributor will not supply to Alamy.com any Image which is the same or Substantially Similar to any of the contributor's Images that have been supplied to a third party under any exclusive arrangement. These parties may include, but are not limited to, agencies and Customers; and
  7. Obligations of Alamy

    1. to use its reasonable commercial endeavours utilising the System, to obtain reasonable licensing fees for traditional licenses.
      This has been inserted:
      "though reserving the right to price in accordance with the clauses in Section 9."
  8. This has been inserted:

    Pricing and promotion

    1. Alamy.com offers Custom Pricing to some of its Customers and Contributors agree that their Images can be sold at these rates without Alamy.com having to consult Contributors.
    2. Alamy.com offers its Customers the ability to price up all Images on its site by using a license calculator. The contributor agrees that Alamy.com can sell Images at the prices from this calculator without Alamy.com having to consult Contributors, subject to clause 9 c. below.
    3. Promotion - Alamy.com shall have the right to offer Customers promotions on Images to promote the Alamy.com service. For example promotions may include, but are not limited to, acquiring new Customers or stimulating buying from existing Customers by offering discounts.
    4. Where an Image has been used in a printed promotional piece then the contributor agrees that the Image will remain available for sale on the Alamy.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively otherwise than via the System or the contributor has assigned exclusive rights for that Image to a third party. This clause to stand even if the contributor wishes to terminate their contract.
  9. Credits, copyright notices and promotion

    1. Alamy.com shall in its gallery include the copyright notice supplied with the Image and request Customers who for editorial purposes take a traditional license of any Images to add that notice to the work or material to which the Image is added.
      Has been replaced with:
    1. Customers of Alamy.com using Images for editorial purposes will be instructed to credit the photographer and, where applicable, the agency name.
    2. Contributors may use Alamy.com's trademarks or service marks in any advertising, promotions or publicity without Alamy.com's prior written consent, providing it is not pornographic, defamatory, libellous or otherwise unlawful.
      Has been replaced with:
      1. Provided Contributors acknowledge Alamy.com's rights they may use Alamy.com's trade marks in any lawful promotion or publicity without Alamy.com's prior written consent. Pornographic, defamatory or other unlawful use including use in unsolicited electronic communications is not permitted.

    This has been deleted:

    1. Alamy.com shall have the right to offer Customers promotions on Images to promote the Alamy.com service. This may result in lower than expected revenues from a contributor's Images.
  10. "Liability of Alamy" replaced with "Liability of Alamy.com"

  11. Termination

    1. The contributor may terminate this contract:
      1. on 45 days' prior notice to Alamy.com at any time save that where Alamy.com has substantially contributed to the digitisation of the Images of any contributor, no termination may be effected earlier than 12 months from the date of the contract;
        Has been replaced with:
    1. The contributor may terminate this contract:
      1. on 45 days' prior notice to Alamy.com at any time, except when Alamy.com has substantially contributed to the digitisation of the Images of any contributor, when, in this case only, the minimum contract period shall be 12 months;
    This has been inserted:
    1. Alamy.com gives 6 months' notice to the contributor.
    This has been deleted:
    1. b: Invoice a termination fee equal to the credit balance on the account of the contributor not exceeding US$25;

27th February 2002

User: info@alamy.com, Date: 27/02/02, Time: 17:00:00 GMT

Alteration to the contributor agreement

  1. Commission on net licence fees for an Image sold through a collection section Units = %, Amount = 20.00
    Replaced with this:
    Commission on net licence fees for an Image sold through a collection section Units = %, Amount = 0.00
  2. This: storage fee per Image per month...........................effect on 1st March 2002
    Replaced with this:
    Storage Fee per Image per month...........................effect on 1st March 2003

28th November 2001

User: info@alamy.com, Date: 11/28/01, Time: 16:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement.

All of the changes are listed below and most of them are related to the language and wording of the contract.

The four changes with most significance are:

  1. Collectors are entitled to a 20% commission on sales made through collections, on top of other commission and charges.
    Please Note that collections works on a voluntary basis, if you haven’t been invited to volunteer then these fees do not apply to you.
  2. The Alamy.com commission applies on any sales resulting from a search on the website or where the sale is fulfilled by Alamy.com.
  3. Credit card processing fees of gross license fee has increased from 3.50% to 5.00%
  4. Payment fees for cheques have increased from $5.00 to $8.00 and from $8.00 to $11.00 for Wire transfer fees.
  5. Please note account fees have remained the same at 5% and the great majority of Alamy.com trading is through account Customers.

Unless otherwise stated units, amounts and timings will remain the same. If a clause has changed in no major way except in number then this has not been listed. All clause numbers after no.9 in the old contract have changed their number. For example clause no.10 now becomes clause no.11 and so on.

Contributor contract changes

Alamy.com listing confirmation form

  • Alamy.com LISTING CONFIRMATION FORM
    Replaced with
    Alamy.com FEES AND COMMISSIONS SCHEDULE
  • CREDIT CARD PROCESSING FEE OF GROSS CLEARED FUNDS Units = %, Amount = 3.5
    >Replaced with
    CREDIT CARD PROCESSING FEE OF GROSS LICENSE FEE Units = %, Amount = 5
  • INVOICING AND COLLECTION OF FUNDS FROM CUSTOMERS WITH ACCOUNTS
    Replaced with
    INVOICING AND COLLECTION OF GROSS LICENCE FEE FROM CUSTOMERS WITH ACCOUNTS
  • This added:
    Collector commission
    Commission on net licence fees for an Image sold through a collection section units = %, Amount = 20.
  • Alamy.com commission of gross cleared funds for Austria, Belgium………United States of America
    Replaced with
    Alamy.com commission of net licence fee for Contributors with a registered payment address in Austria, Belgium…… United States of America
  • Alamy.com commission of gross cleared funds for all other countries (not listed above)
    Replaced with
    Alamy.com commission of net licence fee for Contributors with a registered payment address in all other countries (not listed above)
  • Payment Frequency
    Account Balance (net of commissions) is > US$ 250.
    Replaced with
    If account balance (net of commissions) is > US$ 250 of Cleared Funds
  • Payment Fees
    Cheque Fee - City Bank Processing and Postage Units = $, Amount = 5.00
    Replaced with
    Cheque Fee - City Bank Processing and Postage Units = $, Amount = 8.00
  • Wire Transfer Fee - City Bank Processing and Administration Units = $, Amount = 8.00
    Replaced with
    Wire Transfer Fee - City Bank Processing and Administration Units = $, Amount = 11.00
  1. Preliminary

    • The following provisions record the legal terms and conditions upon which Alamy.com provides automated on-line broker services for the licensing of Images by copyright owners and agents to third parties.
      Replaced with
      The following provisions record the legal terms and conditions upon which Alamy.com Holdings (Jersey) Limited, hereafter referred to as "Alamy.com" provides automated on-line broker services for the licensing of Images by copyright Owners and Agents to third parties.
    • c) to deduct its commission and fee for listing services
      Replaced with
      c) to deduct its commission and fee for listing Services as set out in the Alamy.com fees and commissions schedule.
    • The contract may be varied or substituted at any time by the completion of a new listing confirmation Form. The contract may be terminated by Alamy.com or the copyright owner or agent in accordance with clause 13 below.
      Replaced With
      The contract may be varied or substituted at any time by the completion of a new listing confirmation. The contract may be terminated by Alamy.com or the copyright Owner or Agent in accordance with clause 14 below.
  2. Definitions

    "Agent" means the person whose name and address is provided on-line to Alamy.com and recorded in the listing confirmation Form applicable to any Image
    Replaced with
    "Agent" means the person who acts on behalf of the copyright owner whose name and address is provided on-line to Alamy.com and recorded in the listing confirmation applicable to any Image

    "Alamy.com" means Alamy.com Holdings Limited or any other person to whom it may assign it rights under this contract Image
    Replaced with
    "Alamy.com" means Alamy.com Holdings (Jersey) Limited or any other person to whom it may assign it rights under this contract.

    • These definitions added:

      "Alamy.com Fees and Commissions Schedule" means the table set out above which lists the fees and commissions payable or any substitute table of which Alamy.com has given notice in accordance with clause 5d.

      "Cleared Funds" means funds available to pay the contributor from licence sales made, where the time to clear the funds shall be the longer of either 45 days from the date of the licence sale or the date on which receipt of the funds for the sale is cleared in Alamy.com's bank account.

      "Collector" means the person who maintains a gallery and whose name and address is provided on-line to Alamy.com and recorded in a listing confirmation.

      "Collections Section" means the Alamy.com gallery that has been maintained by a collector intended for licensing to Customers by royalty-free license or traditional license.

    • "Gallery" means any digital library or catalogue of Images maintained or accessed via Alamy.com which shall be divided into a royalty-free section and a traditional licensing section
      Replaced with
      "Gallery" means any digital library or catalogue of Images maintained or accessed via Alamy.com which shall be divided into a royalty-free section, traditional licensing section and a collections section.
    • "License Fees" means any sum or sums actually received by Alamy.com from any Customer in respect of the license of an Image whether a single payment or a royalty paid over time
      Replaced with
      "License Fees" means any sum or sums invoiced by Alamy.com to any Customer in respect of the license of an Image whether a single payment or a royalty paid over time.
    • These definitions added:
      "Gross Licence Fee" means the gross amount billed to the Customer inclusive of any sales or transactions taxes, including but not limited to VAT
      "Net Licence Fee" means the net amount billed to the Customer exclusive of any sales or transactions taxes, including but not limited to VAT.
    • "Listing Confirmation Form"
      Listing confirmation Form
      Replaced with
      Listing confirmation
    • This added:
      c) iii. a collector's gallery;
      d) the currency in which the contributor desires that net license fees are to be remitted to him/her.
      Replaced by
      d) the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her.
      h) if applicable the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice.
      Replaced with
      h) when available on the System and, if applicable, the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice.
    • This has been deleted from the old contract:
      "Quarter" means each period of 3 months commencing 1st January, 1st April, 1st July, 1st October in each year and the first quarter shall mean the period from the date of the contract to the next commencing quarter.

      AS HAVE ALL SUBSEQUENT REFERENCES TO "QUARTER" IN THE CONTRACT

    • This has been added to the new contract:
      "Sub Agent" means an agent of the contributor who represents the contributor.
  3. Broker commission, fees, payment and acceptance

    1. Alamy.com shall charge in US Dollars to the contributor:
      i. a commission or commissions at its published rates on all license fees which may include the commission due to any agent who allows an Image to be listed in a section of the gallery maintained by him/her.
      Replaced with
    1. Alamy.com shall charge in US Dollars to the contributor:
      i. a commission or commissions as per the Alamy.com fees and commissions schedule on all license fees which may include the commission due to any collector who allows an Image to be listed in a section of the gallery maintained by him/her.

    • This has been added to the new contract:
      1. The contributor shall report all sales made by the contributor or the contributor's sub agents where either the sale has originated from a search on the website maintained by any company in the Alamy.com group, or where Alamy.com has provided a high resolution Image for the fulfilment of the sale by a contributor. The contributor shall report each month in a format defined by Alamy.com, but which will include the following:
        1. the Alamy.com group Image reference number
        2. the date of each sale in the month, the sale amount excluding any VAT or sales tax for each Image and the Customer to whom sold.
        3. the amount due to Alamy.com for the month, which shall be calculated as the relevant percentage as set out in the Alamy.com fees and commissions schedule multiplied by the total amount collected in the relevant month of all previous sales, or, if the contributor so wishes, the relevant percentage multiplied by the amount of net sales in the month.
        4. the traditional licence restrictions relating to each Image, if applicable.

        If at any future time the Alamy.com group website has the ability to have the sales information of the traditional licence entered online then the contributor shall be responsible for entering such information online. For the avoidance of doubt if any Sub Agents represent the contributor then the contributor will be ultimately responsible for the correct entry of data onto the website and the reporting of all sales to Alamy.com made by the sub agents.

      2. Payment in respect of sales the subject of a reporting obligation under Clause 5b) above shall be made 15 days after the month end. Payment shall either be made in United States Dollars (“US$”) or British Pounds (“GBP”) at the discretion of Alamy.com. Where the base currencies for the sales are different from US$ or GBP then the exchange rate to be used for conversion to GBP or US$ will be mutually agreed by Alamy.com and the contributor.

        The old section 5b has now become section 5d in the new contract, the wording remains the same but with the following change:
        This has been deleted:
        c) ii. list the Customer name, address and contact details.

      3. The net balance for each quarter or month shown in the statement shall be paid to the contributor in the currency specified in the listing confirmation Form within 30 days of the end of that quarter or month.
        Replaced by
      1. The net balance for each Month shown in the statement shall be paid to the contributor in the currency specified in the listing confirmation within 30 days of the end of that Month.
  4. Representations, warranties and undertakings by contributor

    1. the contributor will ensure that their correct email addresses are supplied to Alamy in accordance with paragraph 16.
      Replaced with
    1. the contributor will ensure that its correct email address is supplied to Alamy.com in accordance with paragraph 17.
  5. Audit Rights

    The title "Audit Rights"
    Replaced by
    "Audit Rights of contributor on Alamy.com"

    1. in the unlikely event of a material dispute between the contributor and Alamy.com regarding amounts due to the contributor, Alamy.com shall, at a convenient time and upon receiving 30 days' written notice, allow a representative (who shall be either a qualified lawyer or accountant) of the contributor to inspect Alamy.com's records which relate only to the contributor's account. The costs of the inspection shall be paid by the contributor providing there has been an underpayment of US$500 or less in any 12 month period, otherwise Alamy.com will correct the records, make any payments due and reimburse the actual costs of the contributor's audit.
      Replaced with
    1. in the unlikely event of a material dispute between the contributor and Alamy.com regarding amounts due to the contributor, Alamy.com shall, at a convenient time and upon receiving 30 days' written notice, allow a representative (who shall be either a qualified lawyer or accountant) of the contributor to Inspect Alamy.com's records which relate only to the contributor's account. The costs of the inspection shall be paid by the contributor if it reveals there has been an underpayment of US$500 or less in any 12 month period, otherwise Alamy.com will correct the records, make any payments due and reimburse the actual costs of the contributor's audit.
  6. Audit Rights of Alamy.com on contributor

    • Clause 10 in its entirety has been added to the new contract:
      Audit rights of Alamy.com on contributor
      1. Alamy.com shall have the right, not more than once every calendar year, to audit the records of the contributor to check that sales made by the contributor which have either originated from a search of the Alamy.com group website, or where Alamy.com has provided a high resolution Image for the fulfilment of the sale by a contributor, are being reported and paid in line with the reporting requirements detailed in Clause 5b). An independent accountant or lawyer or a member of the Alamy.com group internal audit team may carry out the audit.
      2. The Alamy.com group shall give 30 days’ notice before any such audit shall take place.
      3. The audit of the contributor shall be paid for by the Alamy.com group except were the contributor is found to have not paid amounts due to the Alamy.com group in excess of US$ 500 in any 12 month period, above which level the contributor will have to pay the costs of the audit.
      4. If the contributor is found to have withheld payments from Alamy.com then Alamy.com shall have the right to the following:
        1. interest on all delayed payments calculated at the Bank of England base rate plus 4% from the date from which payment was due to Alamy.com.
        2. to be reimbursed the audit costs where the audit reveals an underpayment of 10% or more.
      5. Alamy.com reserve the right that if the contributor has withheld funds in excess of US$ 500 in any one calendar year to terminate the contract with the contributor.
      6. Alamy.com also reserves the right to carry out spot checks on Contributors to assess whether they are complying with the requirement to report sales which have originated from a search of the Alamy.com group website. These spot checks may include, but are not limited to, contacting Customers who have downloaded a comp Image to see if they have bought the Image direct from the contributor and buying via a third party an Image from the contributor, in respect of which the contributor agrees a refund shall be given if demanded.

10/11. Credits, copyright notices and promotion

  1. ...Alamy's trademarks...
    Replaced with
  1. ...Alamy.com's trademarks...

12/13. Liability of Alamy

  1. i. exceed the lower of US$1,000 and the net payment made to the contributor by Alamy for the 12 month period prior to the date of the breach; or
    ii. be made more than 12 months after the date of the alleged breach.
  2. clause 12a shall not preclude any claim for the death or bodily injury nor any claim arising from wilful default or gross negligence on the part Alamy or any person for whom Alamy is legally responsible for.
    Replaced with
  1. i. exceed the lower of US$1,000 or the net payment made to the contributor by Alamy.com for the 12 month period prior to the date of the breach; or
    ii. be claimed more than 12 months after the date of the alleged breach.
  2. clause 13a shall not preclude any claim for death or bodily injury nor any claim arising from wilful default or gross negligence on the part Alamy.com or any person for whom Alamy.com is legally responsible.

14/15. Binding effect

  • This added to the new contract:
    1. Alamy.com may assign this contract to any third party and if it does so references herein to Alamy.com shall thereafter be to such third party and references herein to the Alamy.com group shall be to any subsidiary of such third party, or the parent company of such third party or any subsidiary of such parent company.

21st February 2001

User: info@alamy.com, Date: 02/21/01, Time: 16:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement:
The $2 Review fee already listed, has been withdrawn.

A new fee called the 'Image submission fee' of $2, has been introduced. The explanations of the charge are defined in the contributor FAQs.

There will be a storage fee of 10 cents per Image per month. This fee will come into force on 1st March 2002.

21st December 2000

User: info@alamy.com, Date: 12/21/00, Time: 17:00:00 GMT

Alteration to the contributor agreement

We are notifying you of a change to Alamy.com's commission fee. Please be assured that registered Contributors (registered before the date of this notice) will not be affected by this, and will remain eligible for the original 10% fee.

There are now two different commission fees - one at 10% and one at 20%. The higher rate is brought about by the increased administrative costs for dealing outside the main market. By using more funds for marketing to these countries (under the 20% rate), we will be able to provide a larger audience, and therefore more sales, for the Contributors from these countries.

The following countries remain at a 10% fee: Austria, Belgium, Canada, Denmark, Finland, France, Germany, Gibraltar, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States of America.

For all other countries, the 20% fee applies.

The payment address of the contributor determines which commission fee is applicable.

We would like to reiterate that existing Contributors will remain at the 10% rate, whatever country is applicable to them.

Click here for the contributor agreement.

We would also like to alert you to the following addition to the contributor agreement:
13. Termination
c) On termination Alamy.com shall:
'v. not return to the contributor any data, of whatever kind, relating to an Image.'