Dallal v. New York Times Co.

MEMORANDUM AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND DENYING CROSS-MOTION FOR ADVERSE INFERENCE

HELLERSTEIN, District Judge.

Plaintiff, Thomas Alexander Dallal, a freelance photographer, accepted assignments from Defendant New York Times (the “Times”) between the years 1994-2002 to take and submit photographs in connection with news and other articles that the Times planned to publish. The Times paid Dallal a fixed amount for each assignment — $200 per day plus expenses. Dallal reserved the right to copyright and sell the photographs that he submitted. By 1997, Dallal began including…