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this post was submitted on 27 Dec 2023
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It depends. If the photographer uploads the photo to a platform, the photographer gives that platform permission to use it under the platform's EULA. The platform cannot legally crawl the web for NC images and then make money off placing ads around them.
Do you think the following would fly in a court? "We, the Walt Disney Corporation, do not profit off the non-commercial assets used in the Avengers movie that we found on an asset store. We profit of everything around those assets. Those assets are distributed free of charge, the movie around those assets isn't."