>> A photo of clothes is copyrighted. <<
“Appear to use” = there’s no unique identifier to prove the case. They’re basically just saying, “Hey! Those look like the same clothes in the same position that this store photographed! I bet it’s the same photo!”
Adding a background doesn’t make the photos fair use, since this is an NFT, not a non-profit commentary. (Sadly, Free Republic was the test case for proving that if you derive ANY income, it’s not fair use.) But the LACK of any context for the clothes in the original imagery means there’s either electronic identification or there’s not. And if the “journalists” suspect there is, but don’t know, then they need to shut up until they find out.
Previous comment rescinded. You can tell without electronic verification.