In court, Ratajkowsk’s attorneys argued that her use of the image was a legal “fair use,” because she had posted it to Instagram as a criticism of invasive paparazzi. When Emily Ratajkowski was sued in October 2019 over an image of her carrying a large vase of flowers down a New York City street, the model and actress described her anger about the case in an essay posted on New York magazine’s The Cut: “I learned the next day from my own lawyer that despite being the unwilling subject of the photograph, I could not control what happened to it.” Most cases quickly settle, but if Cyrus and Lipa want to fight back in court, there are a few strategies they can use. NFL quarterback Deshaun Watson was sued in 2020 for posting action shots to Instagram, and LeBron James was hit with a case in 2019 over an image of himself dunking that he posted to Facebook. Sports stars are no exception, though they’ve more often faced cases filed by freelance in-game photographers. In another case, Katy Perry was sued after she reposted an image of her 2016 Halloween costume: a Hollywood-grade Hillary Clinton outfit that featured professional prosthetics. Cyrus’s ex-boyfriend Liam Hemsworth was hit with one in 2019. Justin Bieber and Ariana Grande have also been sued – by the same photographer who filed suit against Cyrus and Lipa this year. In addition to Cyrus, Lipa and Kardashian, many other celebrities have found themselves facing copyright cases after posting photos of themselves. But simply taking, selling and publishing a photo for editorial purposes is usually fair game. The use of Lipa’s image in an advertisement or marketing materials would clearly violate her right of publicity, for instance. In certain circumstances, a celebrity could argue that a photo of them violated their right of publicity – that is, their right to commercially exploit their own likeness. But in public spaces – the street, a restaurant, a nightclub, a public beach – paparazzi can generally snap away without seeking permission. Someone like Cyrus might be able sue over a photo that was taken in a place where she had a so-called reasonable expectation of privacy, like the inside of her home. Can’t they sue him for taking a photo without consent? “Just because they’re the subject of a photo doesn’t mean they have any ownership rights in it,” Wolff told Billboard earlier this summer. Nancy Wolff, an attorney at the law firm Cowan DeBaets Abrahams & Sheppard who specializes in photo copyrights, attributes the problem to a basic “misunderstanding” by celebrities. Simply appearing in an image does not give a celebrity co-ownership of it, nor does it give them a right to repost it for free. copyright law is pretty clear cut: It’s the photographers who own the copyrights to the images that they take, and using those photos without a license constitutes infringement. “They can legally stalk me and harass me and then on top of it all I can’t even use the pictures of myself they take LOL what the f- is this,” Kardashian wrote at the time.īut unfair as it might seem, U.S. That’s essentially what Khloe Kardashian said on Twitter in 2018, after being hit with a similar lawsuit to the ones Cyrus and Lipa are now facing. Why can he sue celebrities over images of themselves?įor celebrities who are hounded by paparazzi, it may seem only fair that they can at least use the photos themselves. Britney Spears' Lawyer Says Jamie Spears Shared Pop Star's Private Medical Information
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