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Posted By: davidcycleback

Assuming the photo itself is not unauthorized and it's not an extraordinarilly large and quality scan, I think the photographer would have a hard time winning in court. It accepted that, within reason, people can show a picture of items they are selling.

Threatening honest resellers of a photographer's photos only hurts the photographer. People are going to be hesitant to buy the photographer's photos if the fear they're going to be sued if they ever wish to resell it.

It's like as if Dan Marino's lawyer threatened lawsuit every time someone offered for sale one of Marino's genuine game used jerseys. The pool of collectors willing to buy a Marino jersey will dry up. Marino himself will be hurt, as few will be willing to by jerseys even from him, unless the price is deeply discounted. Spend your money on a Joe Montana, as his lawyer won't threaten you.