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What would you do?



I completely agree. Let's not forget that this is America.....
 
You are very generous with giving the photo out to help the athlete. If the athlete subsequently agreed to the split, why are you overruling his decision? Additionally, 40% is better than what the athlete was making before.
 
This, first and foremost, was an opportunity to help through your work. The Cause was not the problem, just with the nature of the vehicle of its further expression. IF your image was the best for the purpose THEN by withholding your image you diminish the amount of aid to the end purpose. Who gains by that? Who loses?

Giving is about neither gratitude nor who is giving more. It's not like you are standing against outrageous greed. Your friend deserves the best help possible and it was in your hand. Down the road you can tell your friend that you didn't let them use your image because you didn't like their business model.

FWIW, I hear an awareness of this in your writing; it is bugging you. Perhaps you now understand why. That said, giving, volunteering and donation can neither be required nor its absence be chided. As one who has worked at many ends of non-profit work, I have had to come to terms with this or get resentful, burn-out, and quit. Whatever you decided is right. Life is just not simple.
 
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The t shirt company is a business not a charity. I think looking for arrangements made under similar conditions with private companies are more to the point. I have no idea what they are; maybe someone else has figures. In any case, I don;t think the amount will be too great. 40/60 split of what profits? I assume net profits. Frankly, there's little way for an outsider to determine what the net profits actually are since net profit are after the owner takes his salary, bonuses etc. A better deal probably would have been a royalty given to your friend. X dollars per shirt sold. That would be easy to compute and would reduce disagreements regarding what the net profits actually are.
 
The real issue I would have is lack of an actual agreement. The T-shirt company designed a shirt with your image based only on a gentleman's agreement. I would be inclined to allow the image to be used as it dies at least partially help the athlete. I would, however, draft a written agreement that the image was only licensed for creation and promotion of that t-shirt and could not be used for any other product.

One other factor to consider is: Do you believe you were intentionally misled about the nature of the product, or did you make assumptions which turned out to not be correct. If you were intentionally misled, then pulling out is quite appropriate.
 
You told the president of the company how you felt and it sounds like he was respectful handling the production art changes that are necessary as a result.

You both did the right thing. Unless your picture ends up t-shirts on the street, I would say you have nothing more to do.
 
I would leave it as is;You already donated the image to the cause; The rest is between the president and the athlete and they seem to be in agreement. You'll get some Karma points.always good to have!
 
RalphLambrecht said:
I would leave it as is;You already donated the image to the cause; The rest is between the president and the athlete and they seem to be in agreement. You'll get some Karma points.always good to have!
Click to expand...
Closure to this discussion:
The T-shirt maker found another image of the athlete, taken by another photographer.
The other photographer obviously agreed to the financial arrangement and that image was used on the T-shirt.
I think my image was much stronger.
Nevertheless, the shirt maker made his profits and the stricken athlete received some money and I feel OK with my decision.
 
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