Yes, he is liable 100%.
I find copyright laws are far too restrictive and lengthy that I feel it infringes on freedom of expression.
Example:
I am putting a documentary together. I found some images that were 50 years old. I contacted Getty Images to use them and was told the cost was $1,000 per image.
That pizzzed me off so much that on my personal web site I have declared, with some limitations, part of the public domain. 2500 images.
http://www.pbase.com/sailingjim
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Here is what he can do, and I understand it's legal. Send an email, tell them the web site address. Tell them you would like to use an image. Tell them to respond it 30 days, if they don't, that you consider it permission given. Save a copy of the email with all headers and if they come back, send them a copy of it. Don't take what I say verbatim, but I've heard in many instances that is all that is needed.
In the mean time, he pull the image, then write them an apologize and see if that is all that is needed.
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Peace
Jim
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