Your analogy -

I'm allowed to copy John Carter (2012) dvds and do what I like with them because it made a loss of $125m and the only people who saw it were the director's family, next door neighbour and pet dog.

The bigger the design firm, the more aware they should be of copyright law and their legal obligations.

The fact they used the photo shows it had value, otherwise they would have taken a custom photo themselves. There are plenty of stock photos of VHS tapes, the fact they used google is a massive error on their part.

This is their daily job and the image will be reproduced millions of times. This is not simply someone who borrows a photo for their personal blog.