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>He could not have done them if Fuji hadn't manufactured the tapes. Did he get Fuji's permission to use their product's likeness?

This is actually a huge issue here, since the photo is a perfect replica of their tape design with very little additional creativity. Photographers do have to get rights if the stuff they photograph is the creative expression of others.

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Except in this case it's pretty clear the photo was taken as a diagram: he wasn't trying to get benefit from the VHS tape box designers brand and image, he was trying to explain how the device works. Consider all the youtube videos of how to change the oil in your car or whatever. Yes, there is copyright somewhere, but no: how-to informational stuff is clearly fair use.

But at the same time: yeah, the guy took a picture of someone else's box design and Netflix used it. Where's the damage here?

It sounds like the whole thing is making a mountain out of a molehill, but even more absurd claims were made in the Apple/Samsung lawsuits.

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