Or what if in 3-5 years, one of the subjects became a famous celebrity? Or the photographer did?
-app103
So what, It doesn't retroactively make everything they ever touched gold. And trying to have a legal strategy in place for every possible outcome, of every possible situation is just foolish. People should just work things out on their own instead of constantly running crying to (the legal system) mommy to sort out their messes.
There are frequent stories of lottery winners that have gone back and given the clerk that sold them the winning ticket a nice pile of cash...because they felt it was the right thing to do. Others - probably most - didn't. But trying to get a "tip" requirement enforced by the legal system would be foolish. Just as foolish as the fighting over the rights to a picture snapped for a stranger.
What if someone's camera was stolen, and the thief took some incredible photos that were worth a fortune before getting busted. Then cops return the camera - yeah I know far fetched...but just work with me - to the rightful owner. Does the thief then
deserve a piece of the action??
As a rule...I would say no. Because there is no reason the court should be wasting its time on that sort of crap. However as an individual...depending on the circumstances...there is a possibility I may be inclined to toss them a piece of the action.