Packs,
While your point is relevant, it's hardly dispositive. If Joe was such a rising star incapable of omission, why does he have no t202 side panel of his own?
Also, it is remarkably coincidental that the players on the side panels of the card in question were Lord and Tannehill, the two players involved in the play cited in the newspaper photo.
Your hypothetical is interesting, though, insofar as it mentions Wagner. I would suggest that no, they wouldn't necessarily identify Wagner if he was the one sliding. As we know, the ATC did not have Wagner's permission to use his likeness and/or such permission was withdrawn. It may very well be that they did not have Shoeless' permission either. The use of a generic action photo that does not claim to be him by name would likely not be considered an improper use, and the newspaper's identification of him by name is of course a permissible use.
I just noticed that Greg mentioned the same thing about use of a player's image. That may have alot to do with the caption making no mention of the runner's name.
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