If you have them. The rights are originally held by the third person, not the photographer (to keep your example). If that person has licensed them to the Licen

If you have them. The rights are originally held by the third person, not the photographer (to keep your example). If that person has licensed them to the Licensor/photographer, then they will be considered waived. In any other case, the third person holds them and can have a valid argument.