From what I read through some of those and the link I provided, there seems to be some grounds for fair use.  the 3D thing = real life thing and 3D render = real life photo is I think where the water really gets unclear.
Are they the same? 

I think you're right Connie that the real idea is to stay out of court for most people.  On the other hand if the idea is just to be safe because nobody knows the real answer than should we be acting as if we do know the answer?  Maybe it should be said that we don't know but we like to err on the safe side?  From what I read it does appear that parts of copyright law agree with me.  It appears that it is on a case by case basis. 

I am:  aka Velocity3d