Profit from photos of graffiti?

I don't know if this is more of a legal question or an ethics question, but.... This person: a href="http://www.absolutegallery.net/Features/scieszka/portfolio.php" rel="nofollow"http://www.absolutegallery.net/Features/…/a makes money selling (poorly captured) photos of graffiti art on trains. It's NOT his art, yet he is making big bucks off of it (or trying to, at least). Isn't this illegal? Not the graffiti (and please spare me your opinions on graffiti), the fact that this guy is making a profit by selling art that is not his. It seems like art theft or copyright infringement, since he definitely does not have the artists' permission to use their work.