Essam Deraz, an Egyptian, spent almost four years in Afghanistan filming Bin Laden at training camps and fighting, gaining unprecedented access to the terrorist leader.

He was the only person to film Bin Laden during the late 1980s and has the only footage of the Saudi exile in battle in Afghanistan.

Deraz has started legal action in Egypt and America to seek compensation for use of his footage in Fahrenheit 9/11, the biggest-grossing documentary in cinema history.

Deraz claims he had not signed a distribution agreement with Moore or anyone else. “I was the only cameraman with the Arabs. All of those shots of Bin Laden talking in the cave, talking into his walkie-talkie, they were all my work.

“I was there from 1986-89 and was in contact with Bin Laden on many occasions. I saw him in Peshawar in Pakistan and in Jalalabad in Afghanistan. The film clips in Fahrenheit 9/11 — five of them — were mostly shot in March and April 1989.

“I was wounded twice and on one of those occasions Bin Laden arranged for me to be taken to hospital in his vehicle. These are the only film clips ever taken that show Bin Laden on the battlefield.”

Film of the Arab mujaheddin fighting against the Russians in Afghanistan is rare because they did not take part in many large-scale engagements. The fighting around Jalalabad, shortly before the Russians withdrew, is one of the few occasions where Arab fighters were involved in large numbers.

Deraz, who worked for the BBC in the 1970s and lived in London, said he had no sympathy with Al-Qaeda, which had not yet come into existence when the footage was shot.

At the time it was Egyptian policy to support the uprising by Afghans against the Soviet forces that had invaded the country. Following his return to Egypt, he wrote a number of books about the anti-Soviet jihad and made three films.

He said: “Now I find that Mr Moore’s film is being distributed in America and in other countries and I have received nothing.”

He filed a petition with the Egyptian public attorney seeking his intellectual property rights and asking for the film to be confiscated until the financial issues are settled. He says the public attorney confirmed his rights after hearing from witnesses and experts.

Moore’s film, which examines the actions of the Bush administration in the aftermath of the 9/11 attacks, has proved to be a massive hit.

Released in June last year, the budget was a mere £3.2m. It has already taken more than £100m at the box office worldwide.

The film is likely to earn millions more from DVD sales and other merchandise, including a script. Moore’s next project, a film called Sicko, which looks at the healthcare system in America, is due out later this year.

Last night Andrew Hurwitz, Moore’s attorney, said the film production company had obtained all the necessary licences for the clips used in the documentary.

“We have a licence from Al-Jazeera, the Gulf TV company, which makes clear that they own the rights to these clips,” he said. “They told us they owned the film.”

But Deraz was not impressed. “I have never sold my rights on these clips to anyone and certainly not to Al-Jazeera. I will be taking this further.

“If Al-Jazeera are saying they own them, where did they get from? Not from me.”

Nobody from Al-Jazeera was available to comment last night.

Explore World News

• World Agenda

• Iraq News

• US & Americas News

• Europe News

• Middle East News

• Asia News

• Africa News

• Ireland News

Times Recommends

• LA profits from Michael Jackson stimulus
• Berlusconi's absent wife causes G8 headache
• Chimps that took a punishing step for Man