So the issue is copyright infringement? That's a sticky, tough issue that even seasoned lawyers struggle with, and it doesn't help that even federal courts - even state supreme courts - disagree with, mostly.
But by and large, as long as the pathtag bearing a copyrighted image isn't being sold without licensing or permission, then its usually not a problem. In fact, there are strong arguments that it is Fair Use, and if so then there is no problem whatsoever. In any case, it isn't likely that anyone's going to be sued for making a few dozen pathtags; the harm is so minor that most IP holders wouldn't even bother spending the in-house lawyer's time over it.