A class action accuses the Daily Mail of routinely using social media images without permission. The lawsuit claims potential liabilities could reach $10 million annually. Media professionals are watching closely.
Media and publishing professionals are closely tracking a new class action lawsuit filed against the Daily Mail, alleging the publisher has systematically used thousands of images from social media without securing rights or paying creators. The case, brought in New York by photographer Matthew Moore, claims this practice could expose the Daily Mail to more than $10 million in annual liabilities under US copyright law.
According to the legal complaint, Moore-whose own photo was allegedly used without consent-seeks to represent all US-based creators affected in the past three years. The filing describes the Daily Mail's approach as a "standard practice," with lawyers identifying 107 articles over just nine days in June that included at least one image taken from social media and credited only to the platform, such as "© Instagram." The complaint argues that this method conceals the use from original copyright holders, since platforms like Instagram do not own the rights to user-uploaded content.
The lawsuit details how Moore photographed actress Annie Sertich, retained copyright, and provided her with a copy, which she later posted on Instagram. The Daily Mail is accused of copying the image from her account for a December 2025 article about the VHS Dates video series, crediting only Instagram and not embedding or screenshotting the image, but instead uploading it directly to its CMS.
The claim further alleges that the Daily Mail pays for images from wire services and stock agencies but does not compensate individuals whose photos are "lifted" from social media. It asserts that the publisher only pays creators if they discover the unauthorized use and pursue legal action. The complaint also references previous lawsuits, including a 2010 case brought by Mavrix Photo, which was settled confidentially, and claims that repeated settlements have not changed the publisher's practices.
Most individuals cannot sue for copyright infringement unless their work was registered within three months of publication or before the alleged infringement. The class action aims to represent both those whose images were republished with a platform credit and those with registered US copyrights. The Daily Mail has been contacted for comment.
This legal dispute highlights ongoing tensions between publishers and creators over content rights, echoing broader industry questions about monetization and copyright in digital media. For example, recent discussions at Cannes have explored how publishers are navigating new revenue challenges and the complexities of agentic media buying, as seen in this report on publisher strategies at Cannes.
