answer:From such situations, common law is born. It would make for an interesting case in law, because the thief should not get any rights arising from a felony, but none-the-less, the creation of the photograph was from the thief. And, to complicate it, by publishing it the way he did, the thief may have put it into the public domain, so has ceded rights. This is where lawyers earn their money, by doing the research to back their argument.