The following paragraph is taken from The Regents of the University of California website. If you use a search engine concerning copyrights and the internet you will find much the same thing mentioned.
"It is important to remember that all text, software, audiovisual works, photographs, digital images and sounds are granted copyright protection as soon as they are created and all works created after 1978 are protected automatically. A work does not need to bear a copyright notice to be protected. Unless you know for a fact that the work is in the public domain, assume it is copyrighted and you must obtain permission to use the work."
The bottomline is eBay states in clear language that you are not allowed to use anyone elses text and/or photo without permission. Whether you choose to accept the fact that photos taken by Joe Public are not free for the taking is a moot point. eBay can and will shut down your auction if Joe Public reports you for taking his work.
You can read more about copyright myths, written in easy to understand layman terms, in the FAQ section linked below.
KINGDINOSAUR
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