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if it can be shown that the photograph was used to make a profit, sue the magazine for violating your copyrighted piece of artwork. If the photograph is strictly for educational purposes and there is no profiteering involved whatsoever, than it falls under the "fair use" laws and it can be used and reproduced for educational purposes; even distributed to large groups of people in a classroom situation without any compensation provided to the photographer.

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Q: If a photograph has been used without permission by a magazine what is the legal situation and how should one proceed?
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