I get from the OP that the goal is propriety ... i.e. admirable.
OP wrote: makes us all look bad
I think the OP has an opportunity to present some very good light to the school, as he has a chance to save their backside from being blind-sided in the future. Of course, too many details that we don't know, and I've made multiple assumptions into the scenario.
Obviously the OP will have to determine to what degree "if the shoe fits" ... but at least he can try and put himself in the schools "shoes" (not necessarily the same as the AD or Booster club's shoes). I don't think the OP is trying to harm the offending party or the school, nor to excessively benefit from it.
The OP specifically mentioned the ethical element involved here ... and I think that a dialogue with the school asking (protective concern for the school) if they have any potential liabilities involved that they need to safeguard themselves from is the ethical thing to do as well. Obviously, the OP is not responsible for the schools protection ... but I believe it is an ethical dialogue ... tone & temperment toward concern for the school (i.e. not a threat, leverage, etc.). If the school says, "no biggie" ... so be it. No harm, no foul for asking an empathetic question.
I am disinclined to get very litigious here. So if the school wants to take responsibility for what they consider a miscommunication with the other studio, that's fine with me. I still think the other studio needs to feel some pain in this, but I will likely lose my good standing with the school if I push this too far, especially since the school has offered to make me financially whole.
I will withdraw the invoice I sent the studio, but state in the letter that they need to be more careful about other people's work. Additionally, I will suggest they use a local photographer instead of sending one 88 miles each way just to cover a sporting event in the city where they have a contract. And I know just the photographer they should pay well to do that.
Understood @ avoiding litigious ... battles vs. wars, good standing, etc. Fortunately your position is likely the safest of all ... too bad that it ever happened at all.
Now that the school has placed a value on the images, perhaps you could "donate" the images to the club ( if a non-profit?) and receive a tax deduction? At least you get something out of it.
I am not sure how that really works. If you donate time or product that you are not paid for, how do you "claim" that on your taxes. You were not paid, so what is there to deduct?
I heard that last night there was a booster club meeting that both the principal and the AD attended. The AD brought up the whole mess. The booster club backed me and said it was between me and the other studio, and the school has no reason to be in the middle of it. The principal agrees. So I will see what the AD says tomorrow night at the playoff game.
I just checked with a friend who was an IRS auditor, and now is an IRS taxpayer advocate. He says this is a very common mistake and a painful "gotcha". You can't claim your donated time or products. Since you have already claimed the material costs, you can't claim them, either.
jcbradshaw wrote:
I just checked with a friend who was an IRS auditor, and now is an IRS taxpayer advocate. He says this is a very common mistake and a painful "gotcha". You can't claim your donated time or products. Since you have already claimed the material costs, you can't claim them, either.
That's my understanding, too. According to the IRS' website from several years ago, you can claim donations of actual expenses only. And there's a caveat to that, as well. If you spend $5000 going on a safari, and then donate a few prints to a local charity, you cannot deduct your $5000 trip as a charitable donation. In the event of an audit, you'll be scrutinized for deducting anything other than a few bucks per print for printing costs.
jcbradshaw wrote:
I spoke with the president, secretary, and others about it. No permission given.
Problem is, all you have is verbal. Can you get it in writing? That way, you won't be in a situation where they say you 'misunderstood' what they said.
