July 2, 2019

This is the winning blog of The AM Medal 2019, a competition held in collaboration with Southwestern Law School. Written by Lizzy Suarez and Shaun Flint.

DO IT FOR THE ‘GRAAAAMM!

We’re all familiar with the world of Instagram and the massive population of celebrities and influencers who engage their thousands of followers by capturing the picturesque moments of their luxurious lifestyles.

If you haven’t realized yet, each of their posts may be motivated by some serious cash. We’re talking hundreds, maybe even THOUSANDS of dollars for one photo! And who better to take those photos than the PAPARAZZI!

Traditionally, newspapers, magazines, and tabloids pay paparazzi to use their best photo taken of a celebrity entering five-star restaurants or hopping out of their Lamborghinis, but what happens when a celebrity posts a paparazzi picture and leaves the photographer empty-handed? Battle for Ownership: Celebs vs. Paparazzi

Paparazzi photographers have asserted their rights as the copyright owners against those celebrities who post the photos on their social media platforms. These photographers have their hands out knowing how much the celebrities are paid for photos of their outfits, hair, makeup, etc. However, some celebrities ignore the requests for payment, and in return, photographers slap them with a copyright infringement lawsuit.

Copyright law provides protection for several kinds of original works of authorship, including photographs. In every photograph is a bundle of rights exclusive to the copyright owner, and use of the photograph by another must come with the consent of the copyright owner. The question comes down to...who owns the rights in a paparazzi photo?

IN 2017, KHLOE KARDASHIAN CAUGHT HERSELF IN A LAWSUIT BROUGHT BY XPOSURE PHOTOS. XPOSURE SUED THE KARDASHIAN FOR $150,000 IN DAMAGES FOR COPYRIGHT INFRINGEMENT AND ADDITIONAL $25,000 ACCUSING HER OF REMOVING THE COPYRIGHT NOTICE ON THE PHOTO (SEE BELOW).

LAST MONTH, A-LIST CELEB AND HIT SINGER, ARIANA GRANDE, POSTED TWO PAPARAZZI PHOTOS ATTRACTING OVER 3 MILLION LIKES! OF COURSE, THE PAPARAZZI PHOTOGRAPHER CAME AFTER HER WITH HIS HAND OUT FOR ANY PROFITS SHE OBTAINED FROM THE POST.

Most, if not all, of these kinds of lawsuits end with a private settlement between the parties, but that's not always the case.

MORE RECENTLY, GIGI HADID GATHERED HER LEGAL TEAM TO PUSH BACK AGAINST THE PAPARAZZI’S CLAIMED RIGHT OF COPYRIGHT OWNERSHIP. SHE BELIEVES THAT BY POSING FOR THE CAMERA AND CROPPING THE PHOTO TO FOCUS ON A SPECIFIC FEATURE SHE HAS DIMINISHED THE PHOTOGRAPHER’S ORIGINALITY IN COMPOSITION. UHHHH...THAT’S PROBABLY NOT GOING TO FLY MS. HADID... EVEN IF SHE’S ATTEMPTING TO CREATE A DERIVATIVE WORK, WHERE ARE THE NEW ELEMENTS OF ORIGINALITY? GOOD LUCK TO YOU, MA’AM.

ODELL BECKHAM JR., ANOTHER AMBITIOUS CELEB, RETALIATED AGAINST THE PAPARAZZI WITH A CLAIM OF EXTORTION AFTER THE PHOTOGRAPHER SOUGHT PAYMENT FOR BECKHAM JR.’S USE OF A PHOTO ON HIS INSTAGRAM. SURPRISE, SURPRISE! THE FOOTBALL STAR ENDED UP DROPPING HIS EXTORTION CLAIM.