Biehn would've got paid if they'd used his face on the dummy in Alien3, whether they sought his permission beforehand or not. He simply would've threatened legal action, if Raffaella De Laurentis didn't pick up on it. She probably saved Fox a lot of trouble, "bub".
And Blomkamp's work wasn't "commissioned". He did it off his own bat (or he got someone to do it under his direction - don't remember). Fox didn't request him to pitch an Alien film.
But yes it would be pretty poor form to use Biehn/ Hicks in order to generate interest, and then not include him. But that's Hollywood. Tons of concepts never make it to the screen.
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