John Byrned?

Last month's Previews catalog also had an ad for a couple of shirts coming from Marvel:
And it made me wonder, what with the writer's strike and all, does John Byrne get paid when they reuse his art? I mean, sure, it was work for hire on company owned characters, and he was paid for his work. But the writer's are basically in the same situation. They got paid for the work that they did...but what about subsequent use of it. Shouldn't they get paid for that, too?
Does Marvel pay royalties for stuff like that? Especially considering the rumored bad blood that Byrne and Marvel seem to have been having the past few years, it seems odd they'd keep mining out his stuff for merchandising. Of course, he hasn't made a stink about the Fantastic Four Visionaries: John Byrne books Marvel's been putting out, so maybe he is getting paid. Or he's just over it...
I don't know. I was just curious.