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ThemeShaper says

I notice of late a lot of themes are using flickr images that use Attribution-NonCommercial for their previews..

I suppose the image itself isn’t being distributed, so it isn’t being ‘sold’ – but it is being used commercially in that clearly it is being used to derive commercial benefit.

Anyone know what the correct interpretation here is?

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JamiGibbs says

The way I interpret it is if the images are not being sold (i.e. not inside the purchased download package) then it falls within the Attribution-Noncommercial license.

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sevenspark Moderator says
ThemeShaper said
it is being used commercially in that clearly it is being used to derive commercial benefit.

I agree. I don’t think you can use non-commercial licensed images for a commercial purpose no matter what. Whether it is being redistributed or not is independent of the commercial issue. You couldn’t use non-commercially licensed images on an e-commerce site either (or any site that has commercial implications I believe).

In any event, better safe than sorry :) If someone is using images in an effort to earn money, they should be licensed for commercial use.

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