Except in this case it's pretty clear the photo was taken as a diagram: he wasn't trying to get benefit from the VHS tape box designers brand and image, he was trying to explain how the device works. Consider all the youtube videos of how to change the oil in your car or whatever. Yes, there is copyright somewhere, but no: how-to informational stuff is clearly fair use.

But at the same time: yeah, the guy took a picture of someone else's box design and Netflix used it. Where's the damage here?