Originally Posted by ronaldhanko
Kip is correct that many Creative Commons licensed photos can be used, but you have to be sure (1) that you do not have to pay for their use, and (2) that the CC license allows commercial use. I only meant that a CC license is not a Carte Blanc permission to use any and every photo and to use them commercially.
(1) All of the creative commons licenses allow use without paying for it. The licenses were designed specifically for artists who wish to allow royalty-free use of their work.
(2) Yep, you need to be sure that the license allows commerical use. The fact that the license explicitely states what you're allowed to do with the picture means you don't need to contact the owner before using it. A CC license for commercial use is
permission to use it for whatever you want.
here's an example of searches on flickr:
(1) Laelia purpurata
(currently returns 1,129 results, most of which are not licensed for use)
(2) Laelia purpurata
, CC license (currently returns 28 results, free for non-commercial use)
(3) Laelia purpurata
, CC license for commercial use (currently returns 10 results, all of which could be used on ebay)
as you can see from the results, 99.1% of the Laelia purpurata photos are not licensed for this type of use, but you really only need one to sell an item on ebay.
Originally Posted by Gin
I have found a few of my pictures on e bay not one asked to use them or said sorry when i let them know about it ...... aggravating...
report the post to ebay as a copyright violation, and include a link to your original photo. ebay will remove the listing, and may ban the seller from ebay.
stefano, let's not turn this into a discussion of what copyright should
be like. we all have our own opinions on that subject, and I tend to agree with you for the most part. however, the fact remains that there is well established case law, and if the photographer decided to file a suit, you would likely lose, and you also risk being banned from ebay.