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?
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.
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.