A little over two years ago, I approached a business about improving some of the ir existing advertising and web site photography, provided them my portfolio, an d was asked to do some specific ? samples? of their business with the understand ing that if the samples were suitable, they would purchase them, and I would be hired to do additional work. I took several shots , did some extensive Photoshop work with them, and e-mailed the proofs to them. There was no written agreement , nor a copyright symbol on the proofs.
I made follow up phone calls and e-mails, which were either ignored, or answere d with the reply ?we?re very busy, and haven?t had time to look at them? - bu t that they would call me shortly, which never occurred. I finally let the matte r drop, and stopped contacting them.
While browsing through a local magazine today, I discovered one of my shots bein g used as an advertisement for their business. I?m sure it?s mine because of th e Photoshop work, and I have retained the original file. Normally I would just c all and ask if they are aware of the use of my image, but in this case, I?m gett ing the feeling that I?ve been used as a source of free photography. The contact person at this firm who I originally dealt with is no longer there, complicatin g the situation. I have written them off as a source of future business so I ne edn?t be too concerned with how polite I am in approaching them on this.
I know I should not have gone down the ?sample? road, or did anything without a written agreement, but this was in the early days of my business, and I was eag er for work - today I would not touch this type of deal. My inclination is to let the matter drop, and treat it as one of life?s? lessons - but I?m curious a s to the opinions of forum members on this. What would you do ??
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