Usage of Photographs

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I was just pondering something about the commercial use of pictures...

I was under the impression, that in order to use a photograph in any sort of commercial manner that permission would have to be sought from the original copyright holder of the image.

What would be the implications were this found not to be the case? Is it the case the copyright holder would need to commence action?

For example, if I was to find an image of something on Google Image Search, that looked nice on a leaflet I was making for something, would the copyright holder have to bother complaining themselves to get something done?
 
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Do you mean if a company uses an image of someone/something they just pulled off of the internet to promote some of their products can that person prosecute them?
If that's what you're on about why not just email the 'copyright' holder and see if they're as bothered as you.
 
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