A Gravesend photographer who took an iconic picture of murdered soldier Lee Rigby has started legal proceedings against the government.

The image, which shows the 25-year-old wearing his red ceremonial uniform, has been seen by millions since it emerged in the wake of his death at the hands of Michael Adebolajo and Michael Adebowale outside Woolwich Barracks in 2013.

The picture has now been removed from the Ministry of Defence’s (MoD) commemorative website after photographer Sam Szymanski claimed defence officials distributed the image without his permission.

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Fusilier Lee Rigby

Former Coldstream Guard, Mr Szymanski, 62, told Mail Online: "I tried many times to get this sorted out before taking this step but officials I spoke to were dismissive.

"As a former soldier, I appreciate it must be awful for the families to go online and discover pictures of their sons have been removed.

"But the MoD took liberties and I got ripped off.

"I’ve made £8,000 from worldwide usage of the Lee Rigby image, that’s all. I’m not cashing in on anyone’s grief but I am entitled to make a living.

"My action against the MoD is about principle, not money."

The picture was taken in 2010 whilst Fusilier Rigby was staying at Wellington Barracks in Central London in 2010.

The photographer added: "Lee liked the picture and ordered a set for his family.

"My understanding is, after he was murdered, defence officials obtained a copy of my photo from Rigby’s family.

"They then distributed it through a press agency and it went around the world. It’s been used thousands of times, most of the time without anyone bothering to credit me."

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Rebecca Rigby 

Widow Rebecca Rigby has spoken out against proceedings, telling the newspaper: "After the heartache of losing my husband, and my son his father in such an horrific way, it’s absolutely disgusting that someone can turn our pain and loss into a personal financial gain."

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A spokesman for the MoD said: "The MoD has been approached by solicitors acting on behalf of an independent photographer regarding the use of a portrait of Fusilier Lee Rigby, which appeared on official websites.

"The MoD has removed this photo from official websites, pending resolution of the issues."