[electrichead]

The problem with that though is that it becomes a precedent (not in legal sense) and it might be tempting to just use images without paying the copyright owner, since you just need to settle for market value or a little more at the time that you're sued. It is a huge effort to go through media to make sure that your content is not being used without your consent and most independent people won't be checking it vigorously since they need the time to actually work.

[baldfat]

They would be paid for the picture at a fair market value and if not and found out some lawyer is going to get rich off of enforcing this rule. I am sure lawyers would turn this into the new ambulance chaser.