Surely the most important fact to consider and the one that over-rides everything else is that the person who created the content has the ultimate decision on w

Surely the most important fact to consider and the one that over-rides everything else is that the person who created the content has the ultimate decision on what it's used for, who is allowed to use it and how it's allowed to be used If they ever did -- which they didn't -- they don't now. Deal with it, and get over it.