Instagram Case Illustrates Extent of Copyright Claims Over Photographs

Model and actress Emily Ratajkowski was recently hit with a copyright infringement lawsuit – over a picture taken of herself. In the lawsuit, photographer Robert O’Neil claims that the 28-year-old posted one of his photos to her Instagram account. The image includes Ratajkowski, with her face obscured by a bouquet of flowers. The suit was filed in federal court in New York.

O’Neil argues that neither Ratajkowski nor her company, Emrata Holdings LLC, had a license to use the photo. He says that he is the author of the image and maintains all rights and interests to it, including copyright. As a result, O’Neil says, Ratajkowski violated the photographer’s exclusive rights as the copyright holder.

It may seem odd that celebrities would not have the right to post or otherwise use photos taken of themselves. Adding to it, these are photographs taken in public. But it does not matter, from a copyright perspective, that the images may have been taken without Ratajkowski’s authorization. Once a photographer creates even minimally creative or original work, copyright protections attach.

A celebrity photographer, or his or her agency, would, therefore, have exclusive rights to the image. This includes the right to distribute, reproduce, license, and display the copyrighted work – and prevent others from doing so. These rights are generally held by the copyright owner for his or her entire life, plus another 70 years.

Ratajkowski’s copyright spat is somewhat unusual, though not unheard of. It follows claims made by photographers against other celebrities, including Justin Bieber, Ariana Grande, Jennifer Lopez, and Victoria Beckham.

O’Neil has apparently licensed the photo in question to at least one media outlet, for a fee. But he says Ratajkowski obtained no such license, or permission otherwise, before posting the photo to her Instagram account. As a result, O’Neil is seeking significant compensation for the violation, including:

• Actual damages and profits from the photograph
• Gains or advantages of any kind attributable to the actress’s infringement of the photo
• Alternatively, statutory damages of up to $150,000 per copyrighted work infringed

Copyrights are designed to encourage creativity by protecting “original works of authorship,” including photographs. Cases like Ratajkowski’s illustrate the extent of these protections, and how serious photographers and other creators take them. The model has approximately 24 million Instagram followers, likely meaning a substantial amount of people viewed and shared it. This may have cost O’Neil a great sum of money as a result.

If you create photographs or other creative works, you are entitled to have them protected by our country’s copyright laws. While celebrity cases may seem unusual, they demonstrate how important these protections may be. Celebrities generally have vast numbers of fans, followers, and financial resources. But this does not entitle them to profit off of another person’s work without fairly compensating them.

It is unclear what will happen in this case. Justin Bieber recently settled a similar lawsuit mere days after it was filed, for an undisclosed sum. Photographers and other copyright holders have to be vigilant of how their works may be abused, especially in digital media. Our law firm can help copyright holders assert and protect their rights when needed. If your work has been used without your permission, you could quickly lose profits. You need immediate legal action to protect your work and your right to benefit from it. You need the intellectual property attorneys of Eddington & Worley.

Our Copyright Litigation Attorneys Can Help You Today

Don’t wait to act if your copyright has been infringed. Contact our intellectual property attorneys today and let us fight for you. We can set up a consultation with you to discuss your legal options and take appropriate action.

Source: https://www.thefashionlaw.com/home/Emily-Ratajkowski-Instagram-copryight-lawsuit

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