"""A replacement value is only relevant if it has to be replaced - if I use his photo without permission in a magazine or a website, he still has the photo, no

"""A replacement value is only relevant if it has to be replaced - if I use his photo without permission in a magazine or a website, he still has the photo, no replacement needed.""" No, he doesn't still "have the photo" as in "no damage done". He has a digital file, but he just lost BOTH the exclusivity of the photo AND his say in how his work should be distributed.