You are confusing author rights with copy right...
Author right means that the photographer has the right to be recognized as the author of the work.
In most countries, this is transferable (for instance, in Germany it isn't).
Copy rights on the other hand cover the "right to make copies and distribute them".
[be it direct rights or derivative rights, laws are way different from country to country, even if most have signed international conventions, like the Bern]
Copy has no relation whatsoever with commercial or sales... which is another contention point.
For a copyright to be ascertain over a work, there are thresholds to be met... they are fairly low.
BUT a "scan" with a photographic apparatus and with a diffused light does normally fail those thresholds!
The same happens with other kinds of photos...
But the "correct" law related to that, depends again of the country.
The issue is that the "offender" has servers in the us and resides in the us. This means that the law that applies to him is the US law.
As standard practice, it is recommended that you host your stuff in your own countrie to avoid international legal problems...
BUT... IANAL... ;)