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You would have to sue in Civil court to get any money and the burden of proof is on the plaintiff (publisher of the photo). You'd have to prove he knowingly tried to defraud the publisher and then if there was no compensation (publisher was "given" photo) it would be tough. You may have a difficult time getting a lawyer to take that civil case. In the 20 years I was involved in the media business I never heard of that happening.
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