A trivial point but wouldn't the eBay seller in question actually have to get the photographer (assuming it wasn't them) to pursue the matter? Otherwise it becomes a matter of using their likeness which from what I've read about the matter, seems legal.
*the example also given is taking a photograph of an original work of art(which can be a photograph itself) and then making it another work of art...unless the originals copyright is given over in writing the new work of art is an infringement of copyright...
i agree with the tennant of what you are saying but this is wrong, any photograph of any artistic work is copyrighted to the taker of the photograph, regardless of copyright on the original... recently several museums inc the lourvre have had to settle out of court due to this very fact... as people were selling high quality photographs of original paintings as prints....
there's the whole misrepresentation thing (ie you take say a shot of the mona lisa and then claim it's a print of the original etc) but that's a different kettle of fish to it... essentailly cunty as it sounds if you take a photograph of one of my photographs which has the same dimensions of the original then you could legally sell my image as yours and i'd have no kick back from copy right laws...
But hey supersexy !.... "essentailly cunty as it sounds"...seeems yous okay...jus tell the person complaining to fuck off and you'll be fine....that's the Help you wanted isn't it?
mauvais mangue:::the use of the word "assumption" is prolly apt...AS no exact details have been given!...but I assumed the use of the word "subsist"meant that either supersexy is pretty well educated or has lifted the term form some legalize...I think of myself as being pretty vocabularicalilly dextrous(even though my posts may not show it!) but I would have never have thought to use it but then I'll assume that supersexy didn't really want an answer...it just wanted comaradery and support in their time of upset...I know I should've jus stuck to::
"Awwwwwwr did_dums?" <<<<for PoiE
*squelchy promises NOT to toll on this Tread no_mores!
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