Update: I had my day in court and the jugde reprimanded the defendants. They tried to say it was the wrong court since © falls under federal court jurisdiction. She then told the defendants that is why he was smart enough to just ask for the Usage and profit. She then said she wanted to do a little research and I just received my verdict today in the mail. I won, I got my usage fee, plus profit from the website equal to my usage fee. I could have received a multi year x3 but the image was only up 5 months. I should not have a problem collecting, since it is a professional Realestate office. Once I collect I will make just over $2000 for a few hours work in court.
Btw, I am not sure what you mean by profit here. Normally, I would think you would just charge a usage fee for the specific type of usage involved, and your profit would be factored into that usage fee, at least that would be the case with respect to stock photo usage. So, are you saying that you were charging for this as though it were an assignment, for which the client commissioned you to create the photo?
