The Legal Beat: Miley Sued Over Instagram Post – Plus Taylor Swift, Eminem & More

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The Legal Beat: Miley Sued Over Instagram Post – Plus Taylor Swift, Eminem & More
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Also in this week's legal recap, Ricky Martin strikes back, Drake and LeBron are sued over a documentary, Pandora beats a patent case and more.

and others have all faced similar cases, with photographers accusing them of infringing copyrights by reposting images of themselves.: Photographers own the copyrights to the images that they take, and using those photos without a license constitutes infringement. Simply appearing in an image does not give a celebrity co-ownership of it, nor does it give them a right to repost it for free.

To the stars themselves, that must seem mighty unfair. The economic value of the image is ultimately derived from their presence, and many see the role of paparazzi as more akin to harassers than photojournalists. That’s essentially whatsaid on Twitter in 2018, after being hit with a similar lawsuit to the ones Cyrus and Lipa are now facing.

“They can legally stalk me and harass me and then on top of it all I can’t even use the pictures of myself they take LOL what the f— is this,” the reality star wrote at the time. If history is any guide, the cases against Cyrus and Lipa will result in private settlements, likely sooner rather than later. Some celebs have fought back with arguments like “fair use”; when she was sued, Ratajkowski said she transformed an “exploitative image” into a critique of the “harassing and relentless behavior of paparazzi.” But those arguments are difficult to win – again, the law is pretty clear here – and the cost of doing so quickly eclipses the cost of a settlement.

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