"If the original intent of the hobbyists was for fun,
then YES he/she can legally sell the pic."
A hobbyist takes a new aerial photo every day FOR FUN.
Different locations, different subjects.
Six months later, hobbyist learns about an art fair event.
Hobbyist decides to make his aerials into 16'x20" prints
& rents booth at art fair & offer them for sale FOR FUN
of finding out if prints will sell -- & they do sell well...
Hobbyists continues hobby of daily aerials FOR FUN.
Hobbyists learns, over time, about other art fairs &
decides to again rent booths & sell prints FOR FUN
because hobbyist enjoys meeting other artists
when hobbyist is treated like a fellow artist.
When specifically, if ever, did legal selling
become illegal selling...?
The second print sold at the first fair?
The first print sold at the second fair?
Never???
(don't get hung up on specifics of my description,
if necessary, modify them in way that allows hobbyist
to continue BOTH FUN activities with hobbyist license...)
Instead of art fairs, local newspaper learns of hobbyist.
Once a week newspaper calls hobbyist to ask if hobbyist
has aerial of a specific subject already, never asks hobbyist
to take a specific subject. Sometimes the hobbyist has the
subject & gets paid for use of that image -- let's say it happens
this way once a month. Hobbyist continues to take a new
daily aerial FOR FUN...
Hobbyist through these scenarios thinks of them-self as
a hobbyist with a hobbyist $5 license...
