Alexis Lee wrote:
I would add that the courts will expect you to have tried to settle, and going straight to court could (to my limited knowledge) damage your claim, at least as far as reclaiming costs goes.
That's what I'm trying to do first of all. I'm also trying to determine the extent of how many times and in how many publications the image appears. So far I've spotted it in Future Publishing's .net and in Emap's Internet Magazine. I've contacted the advertising folk at those publishing firms to request that they do not publish that particular advert again until both NDO and myself have resolved the copyright issue.
The only other point is that as the plaintiff, I'm guessing Martyn would need to prove he took the photo. The fish tank (or a second photo of it) would probably suffice.
Not a fish tank :) The photo was taken in a tourist submarine in the clear blue waters of Bora Bora. I have other photos and videos in that very clearly proves that we took that picture.
Regards,
Martyn