'Guy With IPhone' Beats Hearst In Trump Pic Copyright Suit

Law360 (December 11, 2018, 5:54 PM EST) -- A New York federal judge Monday found Hearst Communications Inc. liable for stealing a photo of President Donald Trump crashing a wedding that Esquire magazine pulled from Instagram, rejecting the company's fair-use defense and leaving a jury to find whether the infringement was willful.

U.S. District Judge Gregory Woods said Hearst, which owns Esquire, which posted the photo on its website, couldn't use its status as a news outlet as a get-out-of-jail-free card. If Hearst's argument were taken to its conclusion, the judge said, publishers would just treat social media like "free grist" for photos instead of paying for content to...

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