This is how a simple, everyday experience of one man and his smart phone turns into big dollars. In short, a person (not a professional photographer), takes a picture of a criminal defendant. That picture is newsworthy. The picture is posted to Instragram. Cox Media uses the picture without first licensing it. The Plaintiff, who has now registered the photograph with the US Copyright Office, sues for infringement and wins the liability phase of the case on summary judgment. The Defendant asserts a fair use defense and loses.

This is the tale of Cruz x. Cox Media Grp., LLC, Docket No. 18-CV-1041 in the US District Court for the Eastern District of New York. A copy of the Court’s Memorandum and Order appears below.

Here are a streamlined version of the facts, as presented by the Court in its opinion granting the Plaintiff’s summary judgment motion: