Forum Moderators: not2easy
For those who might think that it is possible that we both accidentily took the same pictures at different moments: it's a picture of my daughter.
I suggest that damage control take the form of both back-fees for his having shown your photo on his site, compensation (to your daughter) for him using a photo of your daughter without her release and an estimated fee based upon the charge he wanted to make and your best guess in the absence of evidence that he probably sold it X times.
A Web 2.0 photographer!
If the photographer has purloined a pic of yours, then one would have to wonder whether there are any others on display that have been obtained by the same means.
Yes, actually the copyright notice on his website contains (translated and paraphrased):
A number of pictures have been taken from other websites, they will be replaced by my own pictures over time. If you are the lawful owner of a picture, please contact me.
His Terms of Service start with citing the Dutch copyright Act, followed by a number of paragraphs about damages you have to pay him when you infringe his copyright, revoking rights when people use his pictures improperly etc. I use the terms in his own TOS to settle this issue. :)