Comment by dcrazy

Is your reaction based on reading the linked case? Because it seems pretty sensible to me. Philpot licensed the photo to AXS under traditional terms, and also posted it to Wikimedia with a CC-BY license. IJR put a copy of the photo in their listicle, did not follow either license, and then tried to claim fair use. It’s clearly not fair use. The whole reason you put photos in an article is to make people want to read the article—this hasn’t changed since the early days of newspaper photography. And the whole reason for publishing the article is commercial: to sell ads against it.