Strictly by photographer or an agency/third party licensing liaison.
A VERY common misconception is that AM could use them under Fair Use. That is incorrect and would never hold up in court if it ever came to that. Trust me, I've been through 11 infringement cases with 8 still in court. (This does not include the COUNTLESS times I've contacted someone about an illegal usage and they claimed Fair Use.)
The misunderstood portion of the Fair Use guidelines is that the photo can be used for a discussion about the PHOTO, not the contents WITHIN the photo. So if we were discussing the plane in a photo, the paint scheme, or anything else like that, it would not be protected by Fair Use. However, if we were discussing the technical merits of the photo, how it was created (lens choice, shutter/aperture, digital/film, post processing or any post production photoshop work such as cloning and such, that IS protected under Fair Use.
If you ever have any questions about it, contact my attorney Ed Greenberg (New York City). He's hard to catch on the phone but if you get him, he'll give you a hell of a lesson.
