As implied license is an affirmative defense, all elements must be plain in order to dismiss an infringement claim at the pleadings stage.
Error to dismiss for not stating a claim where there is evidence that the grant of license by the creator did not contemplate the sublicence; this sounds in copyright infringement, not in contract.
Secondary infringement allegation states a claim against third party organization given showing of close connection between the two organizations.
Good faith/fair dealing states claim -- strong-arm negotiation unconscionability doesn't.
(Miscellany)
Antitrust argument would sound more clearly if photographers challenged their market -- trademark licensing, etc. Rather than simply alleging the existence of a behemoth.
http://www.ca2.uscourts.gov/decisions/isysquery/a4eaf0b6-79ed-4fa7-b47b-3f412f9925f4/1/doc/17-673_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/a4eaf0b6-79ed-4fa7-b47b-3f412f9925f4/1/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.