A guy who works for Victoria's Secret one day stumbles upon a photograph on the sidewalk. It depicts an attractive woman sporting his company's products, and he feels it would be great in one of their ads/magazines/etc. So he goes to try and find the photographer. After looking damn near EVERYWHERE, he turns up nothing and decides to just go ahead and use it.

The photographer sees it on a billboard somewhere and flips the fuck out. Turns out it was a pic of his wife that fell out of his wallet a while ago and he had been looking for it ever since because he didn't want anyone to see it. So he calls and tells them to "burn the sign to the fucking ground!"

This law seems to propose that since the user used the thing commercially, that they would need to pay "reasonable compensation", i.e. what the two would have agreed on for payment for the image originally. Only problem? No way in hell that dude would have ever sold the image, ever ever ever ever. And the Victoria's Secret guy certainly wouldn't have payed the millions it would have taken for this guy to even CONSIDER selling the thing in the first place.

So what happens then? Did they cover that kind of thing anywhere?