Unexpected licensing dilemma...

I've been doing business with a particular client for about 5 years now, photographing their various communities here in Texas. They are a dependable and consistent client and I've enjoyed a good relationship with them. My license with them grants them basically unlimited use for their own marketing needs, while I retain copyright ownership. I know they understand the license and how it works, as we have discussed it numerous times, and they have been very respectful of it, referring me any additional parties that might be interested in purchasing their own license (unlike some who think I'll never find out if they pass images around).

 

One of the communities contacted me about a month ago and scheduled me for this Monday (3/6) to shoot a "tiny home motel" that they are adding to the property.

 

Early last week, I was contacted by the manufacturer of the homes, asking for pricing and if I was available on the 8th to shoot the same project. I told them that the 8th was no longer open, but that a shoot had already been scheduled for the 6th and explained that I offer a per-party discount for shared licenses. I never heard back from them.

 

I contacted my client for clarification, to make sure that the shoot wasn't contingent on the 2nd party's participation, and he said that we were a 'go' regardless.

 

Then yesterday I got an email from my client stating that they just found out that the tiny home mfg was bring their own photographer (they are based out of CA). and that they needed to cancel Monday (but I'm "still their guy", lol). This was an unusual single shoot (they usually have me shoot multiple projects at once), and since I've been doing business with them for a while, I didn't have them pay the usual deposit... my mistake, lesson learned.

 

But, here's where it gets sticky... I happen to follow this tiny house company, and last night they posted a flyer for an appointment-only tour event on the 8th, on my client's property. Out of curiosity I clicked on it, which took me to their website, with images that contained their products photoshopped into various settings. After flipping through the horrible photoshops, I suddenly realized that these "settings" were MY images... Not only did they cheat me out of a shoot, but they butchered my photos and used them without permission. Oh hell no.

 

My first response was to shut this down, pronto. But, I then realized something; this event is a partnership with my client, who paid to use these images, and if I stop the use of the images by the tiny house co, I'll be harming my client's part in their endeavor ... I'm not sure how to approach this without damaging our relationship, because I don't want to lose a good thing. I never would have expected such an odd, overlapping scenario regarding licensing... Thoughts?

Key phrase to me is "their own marketing needs" -- not the manufacturer's use. At the least, an ethical customer should pay you a fee for the cancelled appointment. Your agreement is with your client, not the manufacturer. If nothing else, I would have a tactful conversation with your client on the issue to avoid future misuse.

 

I would not be shy about contacting the Manufacturer in regard to your license agreement -- you might offer for a reasonable fee to deliver pro photoshopped images if you are feeling conciliatory, otherwise suggest a reasonable deadline to take down improper use of copyrighted material. Obviously the needs of commerce come with high priority, but Dam' it makes me angry to be taken advantage of!!

 

Note: I am not a lawyer! This is just the opinion of an aging "hardcase"! ;-)

Thanks for your input, Sandy, I agree. I sent them an email this morning, with a convenient option to purchase licenses to the individual images in order to keep their promotion alive.