Well I turned up the heat and said not only had they wasted my time..but I incurred costs trying to get the payment sorted out. It was quite unexpected for the BBC to throw out the "we didn't use the image" which is fine..but hey I don't need to lose money either!
I got this today!
"I can only re-iterate the fact that I am very am sorry about all of this. But I can confirm that I am willing to authorise an ex-gratia payment of "xxx" in light of all of the trouble this has caused. I will authorise the payment for this due today - and from the moment I received your letter last week, I had asked my contacts in Cardiff 'behind the scenes' to ask them to make this money available to you in good faith.
Generally speaking, the amount of third-party material that we source for a programme like this which relies heavily on archive is significant and we cannot guarantee each and every contribution will be used. Had this been licenced correctly by my area, there would have been a clause stating that payment would usually only be due if the material is used in the final programme. But even then, it is reasonable for rights-holders such as yourself to expect a modest fee to account for particular administrative effort in supplying material to the programme and chasing this up (especially when it drags on for several months like this has).
If you do experience any similar problems with BBC series who use your material, then feel free to fast-track them to me or my department ([email protected]
) and we can try and get to the bottom of these as quickly as possible, as I appreciate it can be very frustrating going back and forth to many BBC departments to resolve these sorts of issues"
It's worth chasing this up as I knew they had stuffed themselves up with the lack of any use of the image in broadcast clause. I told them I was going to chase it up and not give up..seems that worked just fine. After my last email I would have got sweet nothing off of them.
Rule no.1 if you're right and know it..complain!