Yes, this is quite the laughing matter. However, the photo has a copyright.
To use it, the photo must be bought. What's really important to me (and I hope to most) is to confirm whether or not Jeff Roe, Cruz's campaign manager, as has been reported, purchased the photo and passed it along to the SuperPac so they could add their edits and distribute. If so, we're looking at a possible felony here.
As I pointed out in another thread (I'll give you the benefit of the doubt you ignored it..)
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.
But to make the point simpler... OOPS, I just posted an image of Melania (rather flattering too). But that image is copywritten. How in the world did I do that? That must be impossible.
![](http://www.bizpacreview.com/wp-content/uploads/2015/08/Melania-Trump-2.jpg)