Copyright in the U.S. automatically exists upon creation of the original work... You must explicitly waive that copyright if you wish an item to be in the public domain...
That is correct, tdb owns the copyright to that picture, but...
Copyright
infringement is something else. There must be a loss of money before tdb could win any sort of
infringement case. For example, let's say I write an article and get it published in a magazine, and I am paid a royalty for each magazine sold. You buy the magazine, make copies of the article, and give it to all your friends so they don't have to buy the magazine. That is copyright
infringement (both mine and the magazine company) because I and the magazine have lost income from the potential sale of all those magazines your friends would have had to purchase.
Now, tdb could make the case that he lost income because he could have sold the picture to the retailer, but...
The picture was posted on the web where anyone could see it. Wood Splitters Direct could just as easily put a hyperlink on their web site sending viewer to the picture. Just like this, click on it and see.
SEE CRADLE HERE
Notice that the link doesn't take you to the picture here on the arboristsite.com, but takes you directly to photobucket.com where tdb has shared the picture with the world.
So... tdb has no
infringement case. Without loss of income or profit there can not be copyright
infringement.