Capturing the Moment: Photographers and their Lawsuits with Celebrities
Celebrities are public figures and are often photographed by paparazzi or regular people who enjoy taking photographs. These photos often end up in tabloid magazines, newspapers, or online generally because selling celebrity photographs to media outlets is one of the most common ways for photographers to earn a living. The copyright to the photos can be licensed for a fee or sold outright.
In recent years, there has been an increase in the number of photographers filing suit against celebrities for copyright infringement. With the rise of social media and the ease with which images can be shared online, it's become easier than ever for famous individuals, and not-so-famous individuals, to run afoul of copyright law. While most lawsuits are settled out of court, others have resulted in a sizeable amount of damages being awarded to photographers. One high-profile case involved supermodel Gigi Hadid, back in 2019, who was sued by a paparazzi for posting one of his photos on Instagram without permission or credit. The case made headlines when Hadid argued that her use of the photo was protected under fair use laws because she had altered it by adding a filter and changing its caption. For reference, the fair use doctrine typically applies when the work is 1) being used in the course of criticizing it, 2) in the course of news reporting, 3) for educating purposes, or 4) as part of educational research. Fair use is an affirmative defense, in this case, where the person asserting the defense must display evidence of the above factors, that negates liability, even if it is proven that the defendant committed the alleged acts.
Recently in the news, the legendary rapper Cam'ron is being sued for allegedly using a photo of himself, taken in 2003. Whew, I remember that era vividly! Anyway, it is alleged that Cam’ron used the photo without the permission of the alleged photographer, Djamilla Cochran, on t-shirts, jewelry, and a variety of other products sold on Dipset merchandise. The photographer Djamilla Cochran, filed a lawsuit on Tuesday, April 11, 2023, in New Jersey federal court [Case Number 2:23-cv-02037-WJM-JSA], citing the copyright that reached registration [VA0002331926] on November 28, 2022. In the filing, Cochran is alleged to have entered into a licensing deal with Getty Images to sell the image on their platform and is claiming damages relating to the image being sold by Cam’ron on merchandise. These agreements are dated, binding contracts that grant permission to use copyrighted works in various forms governed by the terms and conditions of the contract that define the scope of the license, the permitted uses, and the compensation for use. This is certainly a case to watch.
Copyright law is a complex subject, and proper discovery and trial strategy is even more complex. When in doubt, contact a licensed attorney for assistance.
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Image Sources:
Khloé Kardashian - Eric Longden - Wikimedia Commons
Gigi Hadid - MARIO DE ARMAS - Wikimedia Commons
Cam’ron - Djamilla Rosa Cochran - WireImage
Dua Lipa - Raphael Pour-Hashemi - Wikimedia Commons
Miley Cyrus - Raph_PH - Wikimedia Commons