When a court must decide, you are most likely spending more money defending the action than if you had obtained a license before using the image. In most cases, if the work could have been licensed, the defense will not apply. The owner of a copyright has various remedies against an infringer under the Copyright Act. One remedy is an injunction, a court order that stops the use completely. The fact that this may cost the infringer a lot of money is not necessarily a relevant factor.
Monetary damages are available.
Profits or damages may be elected as a measure of damages as well as attorneys fees and costs. The destruction of the infringing material may be ordered. The Act provides for personal liability, even if you work for a corporation, in circumstances where the individual was instrumental in permitting the infringement. Copyright is the protection offered all creators. A designer or artist does not want his or her work copied any more than a photographer.