Monroe v. The Northstar Group, Inc.

Background

T. Eric Monroe, a professional photographer, alleged that Source Digital, Inc. (SDI), which operates the digital platform for The Source magazine, and Northstar Source Group, LLC copied and publicly displayed eleven of his photographs on Instagram without authorization. He also alleged that the defendants removed copyright management information from the photographs, violating sections 1202(a) and (b) of the Digital Millennium Copyright Act.

Monroe moved for summary judgment, asking the court to rule in his favor without a trial. The defendants opposed the motion and argued that SDI’s use of the photographs was fair use. Monroe also moved to keep certain exhibits under seal.

Direct Copyright Infringement and Fair Use

The court held that Monroe established the elements of direct copyright infringement as a matter of law for most of the photographs. The photographs posted by SDI were virtually indistinguishable from Monroe’s originals, and the defendants did not dispute that Monroe owned the rights or had never authorized their use. Summary judgment was denied as to Images 4 and 11 because the registration records submitted by Monroe did not clearly show that those two photographs were covered.

The court rejected the defendants’ fair-use defense as to the direct infringement claim. It found that the Instagram posts did not meaningfully transform the photographs, used the creative works in their entirety, and used them for the same illustrative purpose as the originals. The court also found that the defendants had not shown that the unlicensed use was unlikely to harm the market for Monroe’s photographs. Accordingly, Monroe’s motion was granted as to SDI’s direct copyright infringement liability, except for Images 4 and 11.

Willfulness

The court denied summary judgment on whether the infringement was willful. Willfulness can support enhanced statutory damages, but the evidence conflicted about the defendants’ knowledge of Monroe’s rights, whether copyright information was visible on the original photographs, and the adequacy and enforcement of the defendants’ copyright practices. The court concluded that a factfinder must resolve those disputes.

Northstar’s Potential Liability

The court denied summary judgment on Monroe’s claims that Northstar was vicariously or contributorily liable for SDI’s infringement. Monroe presented evidence that Northstar-affiliated personnel helped administer SDI’s copyright policies and may have influenced the handling of third-party images. The defendants disputed whether Northstar had the practical ability to supervise SDI’s activity, whether it received a direct financial benefit, whether it knew about the alleged infringement, and whether it materially contributed to the posts. Those disputes prevented judgment as a matter of law.

Digital Millennium Copyright Act Claims

The court denied summary judgment on both DMCA claims. For the claim concerning removal of copyright management information under section 1202(b), factual disputes remained about whether the original photographs contained Monroe’s “@tdoteric” mark, whether SDI removed it, and whether any removal was intentional and carried out with the required knowledge.

For the claim concerning false copyright management information under section 1202(a), factual disputes remained about whether “The Source” branding and the hashtag “#sourceclassics” falsely identified authorship or ownership and whether they were used with the intent to facilitate or conceal infringement.

Motion to Seal and Disposition

Judge Dale E. Ho denied Monroe’s motion to seal without prejudice to renewal. The court found that merely designating exhibits as confidential under a protective order was not enough to justify continued sealing. A renewed request for permanent sealing had to be filed within two weeks and supported by legal authority and, where possible, narrowly tailored redactions. The exhibits would remain temporarily sealed while any renewed request was pending, but would be unsealed if no request was filed.

The court therefore granted Monroe’s summary-judgment motion as to SDI’s direct copyright infringement liability, except for Images 4 and 11, and denied it as to willfulness, Northstar’s vicarious and contributory liability, and the DMCA claims. The court also denied the motion to seal without prejudice to renewal within two weeks and directed the parties to submit their trial availability for November and December 2025.