The Independent is a national and commercial newspaper in the UK. On the 5 – 6 January 2010 they used the Flickr API to search for and display images of snow scenes in the UK – amongst those images displayed was one of mine which is clearly marked on Flickr as “all rights reservedâ€. They did not seek my permission for the use of my image. I am assuming they used the API without applying a filter on the licence type, this also means that other UK photographers may have had their copyrighted work used without permission; might be worth checking if you had any refers from the Independent on those days. Below, is a summary of the messages that have been exchanged between myself and Jimmy Leach the Editorial Director for Digital at The Independent; I found their initial reply both surprising and alarming. Source: http://www.flickr.com/photos/petezab/4276745361/
I'm not up on UK Copyright Laws... but the absolute wrong way to getting what you wish from someone is airing it in public. It is especially apparent that you don't plan to take any legal action AND you don't have a solicitor as you wouldn't be communicating with the alleged infringer if you had. ...IMHO that fact makes them bold in their responses.