"Tim Nation"? The Daleks were invented by TERRY Nation.
I'm sorry, but I continue to disagree with you. Reproducing the illustrations in a book is simple copyright violation and is a completely different situation from reproducing a photograph of an item created with the full permission of the trademark holder.
Your claim is analogous to saying that the Ford Motor Company could sue you for publishing a photograph of a Ford car that you'd taken yourself. I am not "using the Dalek brand" any more than you'd be "using the Ford brand" by taking a photo of your Ford car and using that photo to help you sell it.
It would be a breach of Ford's copyright if you were to reproduce one of their photographs to help you sell your car. It's fine to take your OWN photograph of a Ford and reproduce that. That's exactly what I'm doing.
You seem to be getting copyright and trademark issues horribly mixed up here.
If a representative of "Tim Nation's" estate asks me to stop using the photograph then I will happily do so. Unless or until that happens, I shall continue to use it because I believe that my use is perfectly legitimate.
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