The photo has a copyright which means it had to be purchased to legally impose Cruz's political message on it. Reports are the photo was purchased by Roe, Cruz's campaign manager.
I'd like more investigation into this report because if it is true---that the photo was purchased by Cruz's campaign manager and tuned over to a SuperPac for edit and distribution---then we're looking at a potential felony.
I sure hope this whole "divert attention/attack a scapegoat" strategy is worth it to Ted Cruz.
Several problems with this.
First of all, the reports Roe purchased it have been dismissed. It was claimed by a blog with no evidence. Even the Trump supporting Gateway Pundit website said that report looks bogus. No legitimate source is claiming that, and even biased sources for Trump say it isn't true.
Second, if a campaign of any sort paid for usage rights of an image, they wouldn't be using a low resolution magazine scan that is all over Google. This looks like an image some kid scanned off his home computer, not a high quality image a magazine would supply if rights-use was purchased.
Third, in the nature of politics, a campaign or PAC can claim fair use on an image that is in the public discourse. This image is all over Google and just like the media reporting using the image, a campaign can also claim it is germane to public discourse and protected under fair use guidelines. (in the same way Trump used an image of Heidi Cruz from a Reuters snapshot that I'm sure he didn't get permission for).
Fourth, don't assume Liz Mair (who admitted she was behind it) even thought of copyright issues. Images like this are used constantly in memes and I doubt anyone even thinks of purchasing image rights.