Adam,
You'll need to check with your attorney of course, but I believe that photos are considered "intellectual property" and are protected by copyright laws. According to my understanding, copyright protection arises automatically when an "original" work of authorship is "fixed" in a tangible medium of expression...in other words, a photo automatically falls under copyright protection at the moment of creation and it does not have to be registered to be protected.
The following link explains eBay's policy on protecting intellectual property:
http://pages.ebay.com/help/index_pop...ics.html&82&74