Suggestions please

Some years ago, I sold six images of mine to a calendar company.
This year they sent me a request to reuse four of them for a 2010
calendar, for which they would pay me again.
I responded, saying that they could use three of them; how-
ever, the 4th one was no longer available because a stock agency
now had sale's rights to it.

The calendar company said that that was all right with them.
Consequently, prior to returning the invoice/agreement, I crossed
out the image that could not be used as well as crossing out the
dollar amount for the sale of 4 images, changing it to the cost
of three images. After both of these corrections, I wrote my
name. I should add that our back and forth communications were always done by emails.I did mail the invoice via snail mail. I told the calendar company that that was how I was handling the matter, and they responded saying that that was all right with them.

Several months later I received a check for the three designated images. I thought that all was well.

A month ago the calendar company sent me several sets of
complimentary calendars (small desk calendars--each image is
only 4" X 2 1/2". As I went through a calendar to my surprise,
they had published all four images, including the one that I had instructed them not to publish, and for which I was not paid.

I am reluctant to bring the error to their attention for
fear that they may try to pay me for the fourth image. I don't
want to paid for it now.

My main concern is that my stock agency does not discover
the image of mine that they have on file. If I understand my
contract correctly, I am in violation of it because of this
incident. If they find out what has happened, I suspect at the least they would cease to represent me and at the worst start
legal proceedings.

Therefore unless you have some suggestions, I plan to lay low
and try to ride this out, saying nothing to either company,
hoping that my stock agency will not discover the error.

Thank you for your time.

Robert,
You should talk to both parties.
You should be paid, but probably through your agency via the billing of the calendar company.
Don't make matters worse by not communicating.

Neil Rossmiller

Do three things:

1. Print out the emails and a copy of your instructions to the calendar company. Make certain you can document the matter just as you have described it.

2. Contact the calendar company. Tell them you need a letter acknowledging that it used the 4th photo without permission. Tell them you will be directing the stock agency to bill you.

3. Contact the stock agency. Explain what happened. Offer to make your documents at #1 available if they want confirmation. Tell them you suggest the stock company bill the calendar company, but that you will leave the matter in their hands.

If there are complications, or issues you haven't described, see a lawyer.

You shouldn't ignore this as it could become an issue later and the calendar company has sent you copies of the calendar so you can't claim ignorance. You have written proof you did nothing wrong, so you should bring the issue up to both the stock agency and the calendar company. If you think this was all an honest mistake, a simple conference call between all parties might clear it all up.

Thanks to all who have responded so quickly with very helpful advice on which
I'm going to act.

Are you sure your stock agency doesn't allow you to market your own work?? The agencies I am with do allow it (I have image exclusive contracts) and most others I am familiar with do as well.

Bill the calendar company for use of the image.

I don't think that they do, Mark. I'll find out next week how my stock agency feels
about this incident. I emailed my contact person this afternoon, explaining what
has happened. Thanks for your concern though.