Is someone or somewhere using your photographs and not crediting you? Simple. You don't need a lawyer. You're going to first off decide how much the LICENCE to use the photograph is worth to you, ask them to pay, send a demand and then take the matter to the Small Claims Court.
Remember, you as the photographer are the copyright holder for the picture, UNLESS contractually agreed to otherwise (edit: this does not apply if the photograph was commissioned by a person). If somebody uses the photo, they have to pay you a licence fee to use the picture.
Go and have a read on the Small Claims Court website for the limits (currently R15,000 claim) and limitations in place. They are very helpful and as long as you're not being utterly ridiculous, you will get your money.
Procedure for the Small Claims Court as taken off the website:
Step 1: Contacting the opposing party
Contact the opposing party (the person against whom you are instituting legal proceedings) either in person, in writing or telephonically and request them to satisfy your claim.
Step 2: Letter of demand
If the opposing party does not satisfy your claim, send them a written demand setting out the facts on which the claim is based and the amount you are seeking. Afford the opposing party 14 days from receipt of your letter to settle your claim. Deliver the written demand by hand or registered post to the opposing party.
Step 3: Going to the clerk of the court
After 14 days report to the clerk of the court with the following documents:
Step 4: Summons to the opposing party
The clerk of the court will examine your documents and assist you in drawing up the summons. The clerk of the court will issue the summons and hand it to you to hand to the opposing party. The clerk of the court will also inform you of the date and time of the hearing of the case.
Step 5: Delivery of the summons
Serve the summons on the opposing party in person and have them sign for the document. The plaintiff is required to make copies of the summons, letter of demand and return of service. The copies must be served on the opposing party (otherwise known as the defendant). The plaintiff must deliver the original summons and return of service to the clerk of the court as soon as possible before the hearing to ensure the information is kept in the court file.
What might happen between Step 5 & 6:
POSSIBLE STEPS BY THE OPPOSING PARTY AFTER RECEIPT OF THE SUMMONS
WHAT DO YOU DO IF THE OPPOSING PARTY HAS SATISFIED YOUR CLAIM?
Step 6: Hearing
Step 7: After judgment
In case judgment is given against you
The above-mentioned merely informs you of the most important steps to be taken with regard to the institution of a case in the small claims court.
Should you require assistance with any matter at all, the address and telephone number of the clerk of the small claims court can be obtained from your local magistrate’s office.
- See more at: http://www.justice.gov.za/scc/scc.htm#sthash.fl6CcdT4.dpuf
*Please note that this 'blog' post should not be regarded as 'legal advice' and should most certainly not take the place of a legal professional who is advising you on a case as they will be well-versed with the facts of each individual case.