A photographer is threatening legal action after a photo of his was used but was immediateley taken down after contacted. No money was made from photo

Before talking about "blame," there are some basics about copyright that need to be determined. No one should use someone else's photograph without asking permission. However, a legal action could easily cost more than it would it return because it looks as if there are little or no money damages, and an injunction isn't necessary if the business has taken the photo down already. The photographer might be able to ask for "statutory damages" but only if he registered the copyright before the business used his photo. If he didn't register the copyright before then, all he can ask for are actual damages and they sound extremely small to non-existent. While "blame" may lie with the business that used the photo, a legal action by the photographer doesn't seem very lucrative under these facts. Of course, other facts could change this analysis. For example, if the photo included someone's likeness and the use by the business put the subject of the photo in a bad light, then there could be legal issues other than copyright implicated.