How Alamy protects its contributors' rights: Interview with James Allsworth

Alamy see themselves as custodians of their photographers imagery. They were one of the first agencies to use Fair Licensing as a key element in protecting their contributors content end-to-end.  In this interview with PIXRAY CEO Dennis Wetzig James Allsworth shares Alamy’s experience with the Fair Licensing platform, answers key questions about Alamy's approach and explains how Fair Licensing helps Alamy resolve photo copyright infringements in a fair and friendly way, protecting its photographers' rights.

You can find the full transcript of the interview below the video.

The following points were discussed in the interview:

1. The appeal of the Fair Licensing approach

2. Direct sales vs. legal approach

3. The nature of infringements

4. Converting copyright infringements into sales

5. Infringers' reaction to Fair Licensing

6. Validating the Fair Licensing hypothesis

7. Fair Licensing for PA Media

8. The value of Fair Licensing for Alamy

9. How much effort does Fair Licensing really require?

10. Tips for agencies adopting Fair Licensing 

Dennis: We are here with James Alsworth, Head of Content at Alamy in the Alamy headquarters in Abingdon in the UK. James, thanks for having us!

James: Welcome.

Dennis: What did you find appealing about the Fair Licensing approach so that you would give it a try?

James: Well, Alamy have always been a business interested in new partnerships, collaboration, innovation and when it comes to infringements, what was exciting about Fair Licensing was being able to contact the end user directly. It was something that we felt would lead to success in converting those users to customers and being able to resolve any outstanding copyright issues. We've been really pleased to see the partnership go from strength to strength and continue to generate value for our contributors to this day.

Dennis: So James, as you pointed out earlier, Fair Licensing is all about contacting the infringers directly as Alamy, without involving any middlemen, without involving lawyers, without involving any third party for that matter. And I think with that, the Fair Licensing approach we created is quite unique. What's your experience with directly communicating with infringers? How is it different from going through third parties?

"It's quite common for us to find an image being used without the correct licensing, but that end user needs a constant stream of legitimate, licensed images. And we've been able to convert what were initially infringes into ongoing, regular image buyers, which is great".

James: The experience has been really positive. Alamy are custodians of other people's imagery, essentially, and our contributor base need to feel like they can place their work with Alamy and we will protect it in the right way. Being able to detect, and we always see these as potential infringements, I think that's a key thing to remember, is that we can contact end users directly and get copyright issues resolved very, very quickly, without involving lawyers or third parties. And it allows us to not only protect the copyright of our contributors, but also educate those end users who are using imagery without the correct licensing. It's quite common for us to find an image being used without the correct licensing, but that end user needs a constant stream of legitimate, licensed images. And we've been able to convert what were initially infringes into ongoing, regular image buyers, which is great.

Dennis: So what you're saying is part of your work with Fair Licensing is actually educating. Would you say that many infringements are actually not deliberate acts of stealing an image, but more of an accident that happened due to a lack of knowledge?

James: Yeah, that's definitely very common. You know, there's definitely a misunderstanding and some lack of knowledge when it comes to sourcing images from the internet. And for sure, we find images that are often lifted from legitimate uses, being used in a way that also need licensing. So a big part of what we do in our communication is go out of our way to really educate that end user on what licensing is needed and the best way to resolve that in the future.

Dennis: But isn't an infringer, then, a really well qualified sales lead in a way. You know, they check many boxes. They operate a website. They apparently don't have a photo agency to buy from, yet, they have a proven need in your pictures. I mean, that's, from a sales standpoint, a pretty attractive contact to have. So you say you are, in fact, able to convert them into return business then. 

James: Absolutely, yeah, there's no doubt. There's some end users that just need one image for one thing, and that's fine, but quite often that's not the case, and using Fair Licensing has definitely been a new way for us to have a funnel of new customers and convert these users of imagery into regular customers of Alamy, which has been a really, you know, perhaps an unexpected part of the success of working with this.

Dennis: What's the reaction you typically get from an infringer? I'm sure they don't appreciate being contacted, but do they appreciate being contacted in such a friendly fashion?

"...I think it's very important for us for that communication to be with the right tone and with the right approach to education first and resolution. You know, it surprised me how many end users of imagery that you might class as infringes actually end up thanking us for contacting them and being able to resolve like potential copyright issues, and as we mentioned, you know, going on to then become regular licencees of imagery".

James: Yeah, I think the key word there is friendly, and I think it's very important for us for that communication to be with the right tone and with the right approach to education first and resolution. You know, it surprised me how many end users of imagery that you might class as infringes actually end up thanking us for contacting them and being able to resolve like potential copyright issues, and as we mentioned, you know, going on to then become regular licencees of imagery. A lot of that is a result of our approach to how we reach out, and the communication we use, and being able to do that directly is a key part of that.

Dennis: What you're saying makes me quite happy because it confirms a lot of the hypotheses that we had when designing Fair Licensing. So we were thinking of infringements as mainly being accidental. We believed in people being willing to resolve issues in this field. So it's quite nice to hear for me that this seems to be true, right?

James: Yeah, absolutely. And it was one thing that we perhaps weren't expecting. When we initially started working on infringements, we felt that we'd be resolving a lot of misuse and illegal uses, which, you know, we do. What we didn't really expect were the opportunities that came from that to actually foster strong customer relationships at the end of that.

Dennis: That is so great to hear, because that is entirely the reason why we built Fair Licensing. You know, we've had experience in the traditional approach through third parties, and we just knew there would be a better way. And it seems to be the case that this is fully confirmed with what you're saying. That's very nice to see.

Dennis: So some of our viewers may know that Alamy is actually wholly owned by PA Media. PA Media is the news agency of the United Kingdom, and as such, PA Media, of course, has millions and millions of very attractive editorial photographies. Alamy is taking care of these photographies on behalf of PA and after using Fair Licensing for Alamy's own content for more than a year, you decided to move the PA content to our platform as well. What was the experience?

James: It's gone really well. It made perfect sense for us to do so. The PA Media content has huge global appeal. We've got wide ranging news, sport, entertainment, imagery, but as well as top access into the Royals, which obviously has huge global appeal, and being able to use Fair Licensing to widen that net of protection for that particular content was really important to us. We saw how successful we've been in securing licensing and infringement resolution with the Alamy collection, and it just made total sense to do that for PA. It's allowed us to continue to protect the copyright of the images. PA worked with a number of photographers as well. So it's working with them and protecting their rights too and given the global appeal of the PA content, just being able to add the PA imagery into the Fair Licensing platform has been hugely beneficial for us in terms of generating the revenue and resolving license misuse.

Dennis: So James, when I listen to you, there seem to be four recurring themes regarding the value you get out of using Fair Licensing. The first one, that seems to be a pretty big one for you, is educating the market about copyright. Second one, the direct revenue stream you have from the infringements by selling retroactive licenses. The third one is, you turn people who were previously infringes into customers of Alamy with repeat business. And the fourth one is, and that seems to be important for you as well. It's a signal you're sending to your contributors that you're taking care of the pictures in a holistic way. It's not just selling one of licenses, but it is about taking care of the picture in its full life cycle.

"it's important for us to be seen as a viable platform. If you're a creator, obviously generating direct sales is probably your most important focus as a photographer or image creator, but also that ongoing protection of the rights and the repeat licensing".

James: Yeah, absolutely. Alamy only survives by the level of content we get coming onto the platform, so it's important for us to be seen as a viable platform. If you're a creator, obviously generating direct sales is probably your most important focus as a photographer or image creator, but also that ongoing protection of the rights and the repeat licensing. So absolutely, all of those four points you mentioned, they are a key to the success of this.

Dennis: So, James, one thing we often hear is that, you know, because Fair Licensing is all about contacting the infringer directly, as opposed to going through a third party, people think it's a lot more work to do that in house. How does it compare to a third party approach? Is it really that in a third party approach, you have zero effort to put into an individual case, and with Fair Licensing, you do have effort to put into or so? Is it really black and white, or is it more nuanced?

James: Definitely more nuanced. I think, from an Alamy perspective, there's a certain level of work with both approaches. So, there is no method that Alamy can undertake given the kind of the global appeal we have, the global contributor base we have. There's no approach that would lead to no work for us —such a scenario would be too good to be true. Wouldn't it be great if we could just plug in, sit back and watch the money come in? That's not how it works for us. So both models — whether or not we're contacting through Fair Licensing, or contacting elsewhere through third parties — require work on our side to make sure we're doing our due diligence, to make sure we're verifying each case, to make sure we're not making any mistakes. And there's no approach that removes that for us.

Yeah, I would say there's almost less work on the Fair Licensing side, because it's direct, and the cases tend to be resolved quicker because you're dealing direct with the customer, rather than going through a third party. But the cop, the idea that there's no work or more work on the other isn't really valid for us, and it will depend on how each individual set up, of course, but for Alamy, you know, we make sure that any case we're working on is valid, and that's where the work is.

Dennis: So James, given what you know today, given what you've learned in more than one year of using Fair Licensing now, what are the three key things you wish you had known before or put differently? What are the three major pieces of advice you would give to any agency thinking about introducing Fair Licensing?

"If you are an agency who work with multiple contributors, make sure that your contributors have been very clear in the information they give you about those images.That's the information you're using to verify if an image end use needs to be licensed through you, and is it the case or isn't it the case".

James: I think we were quite well placed to start this, given the way our collection is built and the information we retain on the imagery. If I were speaking to a new agency who is thinking of starting this, and they were saying, "Do you have any advice for me?", I think the first thing I would say, there are three main things, three main pillars. One would be to ensure that, as a platform, or as an image agency, your paper trail of licensing is robust, so you need to know who has already had access to images, who has purchased your images, who has licensed your images for use, maybe downloaded but not purchased, that kind of thing, because that's what you use to verify if a use is an infringement or a legit use, which is obviously hugely important.

The second thing, second most important thing, I would say, is really to shape your communication to the end user to be as simple to understand, but also as light touch, and if to use another word, friendly as possible. Initially, there's definitely more success in approaching that way to make sure that you're not putting any unnecessary pressure, and given that mistakes can be made, the initial communication needs to be one of collaboration rather than accusation. This is one thing I would say.

And the third thing I would say, which is very important, is if you are an agency who work with multiple contributors, make sure that your contributors have been very clear in the information they give you about those images. For example, are those images placed with any other agencies? Are they exclusive to you? And make sure that's as accurate as it can be, because, again, that's the information you're using to verify if an image end use needs to be licensed through you, and is it the case or isn't it the case. So these are the top three things I would say.

Dennis: James, thank you so much for having us in Abingdon today. It was a great pleasure talking with you about Fair Licensing and the experience you had with it. I look forward to all the developments we're going to take together. The platform is evolving, our collaboration is evolving. Thank you very much!

James: Thank you for your time, Dennis. Pleasure.

Dennis: Thank you. 

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