Droste Effect http://digg.com/video/using-an-mc-escher-drawing-to-demonstrate-the-nauseating-droste-effect
He doesn't even have to profit. Even if he gives them away (like in a advertising brochure), he can be sued. He has no rights to use these photos. Photographing the Mona Lisa is different. It is in the public domain. Whether you can photograph art that is not in the public domain depends on "fair use" and what the artist (the owner of the copyright) permits. A good example is the "bean" sculpture in Chicago (actualy name is Cloudgate -- Google images is your friend). It's probably one of the most photographed things in Chicago, and tourists taking pictures of it is considered "fair use." If you are a commercial photographer -- for example, making promotional material, shooting a wedding, or making a coffee table book -- you must pay a royalty to use a photo of the bean (which becomes a derivative work of the bean) in your work.
this happened a few month ago on ebay. over 300,000 in loss temporarily. The buys all got their money back thru paypal. but im sure it was a scary ordeal to buy a photo. Usually if its too good to be true on Ebay it is. Plus you must read the entire auction. There are many assclowns that love to take advantage of honest and trusting people. chris
Guess what? He managed to get away with one such sale earlier. http://www.ebay.com/itm/Two-1oz-Gol...D&orig_cvip=true&rt=nc&_trksid=p2047675.l2557
And there's the feedback http://feedback.ebay.com/ws/eBayISA...ch=negative&interval=30&_trkparms=negative_30