The photographer did not create any of these textures yet they're able to limit the use of said textures. Broken system.
These laws made sense when photography was an expensive-ish investment. They don't make sense now.
They're not. Had someone from Capcom been in Italy around the same time and taken the same picture of the same broken window, then they could have used that texture as much as they wanted and the photographer in question would have no case.
Honestly, $12 million dollars isn't even that much money compared to the profits of the Resident Evil franchise. Her work seems to have added a lot of ambiance to it, so consider it a good investment that the almost didn't have to pay.