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Bedros says

Even we (authors) don’t include those images for the downloadable packages and use them only for preview purposes , it is always best to ask to the author kindly for permission , to stay on the safe side.

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ThemeClever says

To be clear though, you are suggesting this as a courtesy and as a safety measure – you are not suggesting that legally this is a necessity? Afteral, if something IS licensed as usable for commercial purposes then that is as legally binding as is they had done the opposite surely – I mean the license is already granted.

I see no reference to manually obtaining additional photographer permissions here: http://themeforest.net/forums/thread/how-to-find-creative-commons-content-to-use-in-marketplace-items/62371?page=1#554213

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