Recently celebrities have been sued by the paparazzi for reposting photographs of themselves taken by paparazzi on their social media: Jennifer Lopez, Katy Perry, Gigi Hadid, Khloé Kardashian, LeBron James, and Justin Bieber, to name a few. Many settled. Some are fighting back with creative defence strategies.
LeBron James countersued the photographer for violation of his right of publicity for using and exploiting his image, likeness, and identity for commercial advantage without his consent. Right of publicity law may vary depending on which state the lawsuit is brought in.
Gigi Hadid claimed joint work in the photograph as she contributed creative elements to the photograph by selecting the outfits and posing for the camera. Under the copyright law, for a work to be a joint work, the co-authors must have intended to create a joint work and each author made an inseparable contribution to a unitary whole. As celebrities know that they are going to be photographed by the paparazzi, there may exist a mutual intention by the photographer and the celebrity to create one work. And as Hadid claimed, choice of wardrobe and a pose may meet the minimum modicum of creativity to be a copyrightable contribution.
Celebrities can also try crediting the photographers when using their photographs. It is always best to avoid time and dollar-consuming lawsuits. After-all, if they are re-posting the photographs on their social media, that means they are liking what they are seeing. Recognition and creditations are always appreciated, especially by those whose commercial success depends on reputation and fame. A mention from a celebrity could go a long way for a professional photographer’s career.
Law in Style. 