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One question is how were they to know the photo was your work? Was it copyrighted? Did you put it on the internet for file shariMy photo was emailed to them (A newspaper)in an email specifically stating that photo credit was by me.....they disregarded it ...and put it out for sale...stating it was a file photo and they even put their name across it when they were selling it....can I sue even though they stopped selling it after I sent them a letter stating that I was going to file suit. I did not get paid for taking this image and It was sent to them to post with an article.....BUT it specifically said photo by .......me.......for credit. Not giving photo credit is one thing...but calling it a File photo an dputting there name on it for selling is another when they were specifically told the photo was by me...I have all proof...original email/copies of photo with there name on it...etc. Attorney answers (3)
Reputation Level 20
Answered over 2 years ago.
Litigation Lawyer in New York, NY.
You have a good case. Contact a copyright lawyer to sue for damages.
LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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Before you consider a lawsuit, I implore you to first determine if you registered your photo for copyright. Not having a copyright registration within the alloted time frame after the infringement, if you do not have a registation already, will be a deathblow to your prospective case. Failure to do register will prevent you from even getting into court, which has to, by statute, be a federal court, not a state court.
Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship. 
Reputation Level 7
Answered about 2 years ago.
Trademark Application Attorney in Williamsburg, VA.
Mr. Wahab is correct, you will have to register your copyright before you can sue. However, you can register even after the infringement commences and still file suit. The advantage to registering before the copyright is infringed (or within a 3-month grace period after publication in certain circumstances) is that you can potentially obtain your attorneys' fees and what are called statutory damages, which are damages assessed without proof of actual damages sustained. Even if these fees and damages are not available to you because of a late registration, you can still receive an award for actual damages and an injunction to prevent the further sale or distribution of your image.
As my colleagues note, this answer is not intended as legal advice, nor does it create an attorney client relationship. You should consult with a copyright attorney in your jurisdiction regarding whether it makes sense to file suit. Related Questions7 Attorney answers: 
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