you are right, sir. i don't even care that he is using my picture, not like i copyrighted it or anything.
Not that it should change your opinion, but the pic was copyrighted at the instant of its creation, and the copyright is owned by the person who took the pic. That's the law.
yup exactly.....and what if he was the one who took the photo?
He? He who? The eBay guy? :D
Unless the photo was taken by someone acting within the scope of his employment (among other limited exceptions), then the photog owns the copyright. The law is pretty clear on this.
Whether the copyright owner has the right to publish the photo is another question, the answer to which is well beyond the scope of a simple internet post. But owning the copyright does not trump the rights others might have in the subject matter of the photo.
I was just pointing out that if the seller was the one who took the photo then it would be another story.