National exposure

[dk]

Remember this shot? I posted it a while back. I actually shot this last fall as a part of a commissioned work for a landscape contractor. The owner of this private pool ended up being a client too. I just learned today that this very image is going to appear in Architectural Digest (and/or some other national publication). I'm not sure if it's an ad or a featured article. Now here is the dilema; I still own the copyrights to this image and the contractor did not pay for the rights to use it nationally. I don't want to cut off my nose to spite my face; he may very well have me do other projects. But at the very least I want a by-line in this very prestigious magazine.

What do you think; how should I approach him on this? Or should I leave well enough alone?

Thanks a million.

dk

[Willy wombat]

Start informal - just tell him that you were wondering if your photo credit will be published and see how he reacts.

[Oneputt]

At the very least you need acknowledgement that it is your work and your image.

[DaveB]

I would definitely approach them on it!
Prepare yourself beforehand by determining the appropriate value of the rights he should have bought (and preferably have a licence form with invoice, prepared to email or fax to them for their signature).

I don't know what was in the contract you already have with them regarding the earlier use of the image, but it's not unusual to charge 150% or even 200% of the potential licence fee to cover potential damages if they use the image without permission and/or without a byline (that bit depends on the licence terms).
Contact them on a friendly but concerned basis, informing them that they don't have the rights for that use. They may not have budgetted for the licence, but you can play the "nice guy" card and point out that you'll be able to only charge them the standard licence fee if they sort out an agreement and get your byline on the image prior to the publication, otherwise you'll be forced to charge them the 200% fee.
Play it by ear: you know your customer better than we do. I'd try to be polite but firm.

But to let it slide will make it harder for yourself and other photographers the next time they want to use an image of yours. And you'd lose out on the kudos (and the money) of this publication!