Miley Cyrus has been sued after posting a paparazzi photo of herself to Instagram.
Unfortunately for Cyrus, such cases aren’t exactly meritless. While it might sound unfair to a celebrity who’s stalked by paparazzi, the copyright to a photo is almost always retained by the person who snapped it, and being featured in an image doesn’t grant someone a right to use it for free. If she actually reposted it without permission, she could be facing liability.
“The misunderstanding with celebrities [is] just because they’re the subject of a photo doesn’t mean they have any ownership rights in it,”in June. “Not everyone really understands the difference between rights of privacy and publicity and copyright.” In the current case, Barbara claims Cyrus has an “immense presence” on Instagram, including 169 million followers when she posted the image in February 2020. He says that means her blast of his image “crippled if not destroyed” his ability to make money by licensing it.
The case did not include a specific request for damages, but copyright law allows an accuser to seek either their “actual damages” – the money lost due to infringement – or fixed “statutory” damages, which can total as much as $150,000 per infringed work. A rep for Cyrus did not immediately return a request for comment on Monday.
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. They argued she had transformed the photoexploitative image” snapped without her consent to “a commentary on the harassing and relentless behavior of paparazzi such as pEventually, though, Ratajkowski reached a settlement to end the case before the judge was able to rule on those arguments.
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