What constitutes public interest is a gray area, and one that celebrities often battle with. Then there’s the matter of public interest to take into account, as privacy laws can exclude situations that may be of public interest, including matters involving celebrities. In the US, many state bills, such as California’s anti-paparazzi law, aim to protect celebrity privacy, while the First Amendment of the US Constitution protects freedom of the press. The conflict between the right to privacy and the right to freedom of expression is an ongoing one. Famous cases of celebrities suing paparazzi for an invasion of privacy include George and Amal Clooney, Prince William and Kate Middleton, and Adele. On the other side of the coin is the issue of privacy.
Each finding of infringement can yield damages of $750 to $30,000, with compensation capped at $150,000 for an intentional violation. Under US copyright law, a person who captures an image in a public setting is the legal owner of an image – not the photographer’s subject. “According to US copyright law, a photographer can sue a celebrity over stolen pictures, which they frequently do, as celebrities often post photos of themselves on their social media accounts without permission from the photographer. They have also included pointers for what to look out for to avoid copyright infringement: Advertisements Here, Pixsy sets out the following commentary about cases like these, and the debate between copyright law and the right to privacy. The experts from image theft protection agency Pixsy have commented on the case and included pointers for what to look out for to avoid copyright infringement: The copyright to belongs only to the photographer, so he has all the right to sue anyone who use them without buying them or asking for permission. So no, photos of celebrities don’t belong to them, as Snoop Dogg, Gigi Hadid, and apparently, Dua Lipa might think. But on the other hand, I side with the copyright law which claims that the copyright belongs to the person who took the photo (whether they’re a paparazzi or not). On the one hand, I rarely side with paparazzi for a number of reasons. As a matter of fact, Barbera has a history of suing celebrities for posting his photos: Justin Bieber, Alexander Wang, Christian Siriano, and Versace are only some of them, according to The Fashion Law. Twice! The first lawsuit was filed in 2019 and the second one in 2020. When it comes to Barbera, he already sued another pop star for sharing his photos without permission.
We’ll see how the lawsuit will go this time. However, the judge dismissed the lawsuit in October 2021 with prejudice, so perhaps that’s what gave Lipa the encouragement to make the same mistake again. Around this time last year, Integral images company sued the pop singer over exactly the same issue. It reportedly shows Dua Lipa wearing a black sweater with the word “HEROES” in large capital letters, but it has been removed from her Instagram at the moment of writing this.īarbera’s attorney Craig Sanders wrote in a complaint that Lipa “volitionally selected, copied, stored and displayed each of Plaintiff’s copyright protected Photographs” without “permission or authorization.” As Billboard reports, Barbera is seeking “actual damages and a disgorgement of all profits attributable to the infringing activity, an order enjoining Lipa from infringing any of his other works, costs of the suit and pre-judgment interest.” The history repeatsĪs I already mentioned, both Dua Lipa and Robert Barbera were in similar situations before. The photo was taken in New York City in 2018 by the local paparazzi photographer Robert Barbera.
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