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Amendments - 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) |
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).
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.
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).
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. 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;
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.