It's not the on-selling that bothers Grey: it's that Fernandez is making digital images of his work available. From the article:
Whether online photos of artwork constitute illegal reproductions is a murky legal question, but one that is hugely important to sellers on eBay, CraigsList, Amazon, and other venues where people often resell their possessions. While publishing a photo of a copyrighted work for the purpose of reselling it certainly can be legitimate, it's a question of interpretation, says Paul Fakler, vice chair of the New York State Bar's intellectual-property section: "The courts have a lot of latitude on deciding what is fair."
I know this is an American example, but I had been wondering recently: do auction houses have to get copyright permission to reproduce artworks in print and online catalogues, or is this covered by the 'fair use' clause of copyright law? Does anyone know?