Record of contract changes
17 August 2023
Amendments – 17 August 2023 (will come into effect for all Contributors on 1 October 2023)
The latest amendment to the Alamy contributor contract, published on 17 August 2023, includes important changes to our terms.
For Contributors who registered before 17 August 2023, the new contract will come into force on 1 October 2023, 45 days from the notification date of 17 August 2023. For Contributors who registered from 17 August 2023 onwards, the new contract was in force from the point of registration.
The key changes under this amendment are outlined below.
You can view the contributor contract that was in effect between 9 May 2023 and 17 August 2023 by clicking here.
Terms and conditions of the contract
Clause
Change
Original
Replacement
2.9.1.
Amendment
2.9.1. reclaim the percentage difference in commission paid in respect of such Content
2.9.1. recoup reasonable administration fees for any action taken by Alamy in respect of such Content including, where applicable, reclaiming the percentage difference in commission paid;
2.10.
Amendment
2.10. Notwithstanding clause 16.7, by marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content has been licensed through another licensing platform, Alamy has the right to recoup any fees (including reasonable administration fees where escalated to legal action), that Alamy has incurred in the pursuit of any action taken.
2.10. Notwithstanding clause 16.7, by marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content is available on another licensing platform, Alamy has the right to recoup any fees (including reasonable administration fees where escalated to legal action), that Alamy has incurred in the pursuit of any action taken.
3.2.
New Clause
N/A
3.2. Where an item of Content has been deleted, Alamy reserves the right to continue to take action in accordance with clause 16.8 for up to two years after the time of deletion. Once legal action has begun Alamy may continue to pursue such action indefinitely.
5.1.
Amendment
5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns (the “Indemnified Parties”) harmless against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal expenses) which any of the Indemnified Parties incur arising from or in in relation to: (i) any claim that the Content or Metadata infringes any third party’s copyright or any other intellectual property right (ii) any breach of any your representations, obligations and warranties under this Contract or the System. This clause will remain in force after the termination of this Contract.
5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns (the “Indemnified Parties”) harmless against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal expenses) which any of the Indemnified Parties incur arising from or in in relation to: (i) any claim that the Content or Metadata infringes any third party’s copyright or any other intellectual property right (ii) any breach of your representations, obligations and warranties under this Contract or the System. This clause will remain in force after the termination of this Contract.
16.6.
Amendment
16.6. A percentage, equal to the applicable commission rate for that Content, of all amounts recovered by Alamy in connection with any claims or actions pursuant to clause 16.5 (after first deducting collection fees and reasonable legal expenses incurred by Alamy) will be paid to you.
16.6. A percentage, equal to the applicable commission rate for that Content, of all amounts recovered by Alamy in connection with any claims or actions pursuant to clause 16.5 (after first deducting collection fees and reasonable expenses incurred by Alamy) will be paid to you.
20.2.2.5
Amendment
20.2.2.5. your Account is deemed to be inactive whereby; (i) no Content is submitted to the System by you following Registration(ii) Alamy is unable to contact you or receives no correspondence from you when contacted in respect to your Account; or (iii) any payment is unable to be credited to your Account.
20.2.2.5. your Account is deemed to be inactive whereby; (i) no Content is submitted to the System by you following Registration (ii) following Registration Content is submitted to the System that does not meet the provisions of clause 1.2 and no further submissions meeting the criteria are made. (iii) Alamy is unable to contact you or receives no correspondence from you when contacted in respect to your Account; or (iv) any payment is unable to be credited to your Account.