The Guardian used my image without permission

<p>I checked your flickr photostream and that image has only had 13 views. There are 12000 pictures in that Guardian photo group you could try and go through them and see if it is uploaded there.</p>

<p>There is also www.guardian.co.uk/cameraclub you could check out there and see if you can find you image but I think if would be hardwork.</p>

<p>For £10 you can post a claim to small claims court - when that lands on their desk it will get things moving pretty damned quickly. I have wasted that on pointless magazines in a month so if I was really ticked off it would be what I would do. And their non-response would only work in your favour.</p>

<p>In the US, Small Claims are just that, "small." so you aren't going to get hefty damages and unless you get an ignorant judge, you won't prevail on any claim that's even remotely going to be copyright based. Likewise, I believe that as with copyright law, taking a foreign entity to court may also be a matter of federal court jurisdiction (but that's not relevant to the OP either).</p>

<p>The UK does not have the same "privacy/publicity" laws as in the US so it's likely that the US emphasis on model releases is of little worry to the guardian. As all of the references would indicate, it remains necessary to determine just where on flickr they got the image. If it came from the club submittals it would seem likely there is no case.</p>

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<p>In the U.S. we have Small Claims Courts, which do not allow lawyers.</p>

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<p>This is only true for some states and also attorneys can required to represent certain business entities in those states.</p>

 

<p>I would seriously consider contacting the British Journal of Photography. They take a dim view of this sort of behaviour and have won several victories in this area in the past. </p>