Ariana Grande’s Copyright Infringement Lawsuit

Ariana Grande was sued for copyright infringement after posting paparazzi photos of herself on Instagram! The photos, taken by paparazzi photographer Robert Barbera, featured Grande carrying a bag that read “Sweetener”, according to BuzzFeed News.

The pop star would post these photos in celebration of her new album Sweetener, but that’s where things get messy. Her post could be seen as a promotion for her new album, and it most likely was. However, since Grande did not seek Barbera’s consent to use the photos beforehand, her Instagram post went from simple album announcement to evidence in court.

Now, Barbera is seeking $25,000 for each picture or the profits Grande earned from posting the photos, according to BuzzFeed News. However, how Grande profited from the photos remains unclear. The post was not sponsored by any company or product that would pay Grande for the post- nor does Instagram pay celebrities to post. Unless Ariana Grande’s label, or someone else involved in the album’s sales, paid the singer to post those photos, it’s hard to see how she directly profited from doing so.

The only way Barbera could argue the pop star profited from the photos is if he could prove that the post was directly linked to Grande’s album sales. But, even then, the post didn’t include a link to buy the album nor did the caption even use language having to do with album sales. The caption “happy sweetener day” hardly screams “sweetener out now everywhere. Go stream or buy it” like most album promotional posts read. Regardless, how could one even track the post’s impact on album sales or streams without a link?

Barbera would have a better case if he tried to determine how much money he lost from not being able to sell the photos of Grande to publications. If Grande hadn’t publicly posted the photos to her Instagram, magazines and newspapers could have bought the photos from him directly instead of being able to screenshot them. It would be a smarter move to sue the publications using the photos without his permission. That way, he could more accurately track the profit made from the images through newspaper or magazine sales.

Ariana Grande’s Instagram Lawsuit Outcome

On May 13, 2019, Ariana Grande settled with paparazzi photographer Robert Barbera. However, the terms of the settlement were not disclosed. WWD sites the court documents as stating: “The court having been advised that all claims asserted herein have been settled in principle, it is ordered that the above-entitled action be and is hereby dismissed and discontinued without costs.”

Why Have Copyright Infringement Laws?

It may seem crazy that someone can be sued for posting pictures of themself, but we must remember copyright law exists. Copyright law protects the work of photographers just like it protects any other work of art.

Without these intellectual property laws, we wouldn’t be able to protect our own works of art, no matter the magnitude. The issue, instead, lies within copyright laws that intend to protect intellectual property, even when it’s created by hiding in a bush. Generally, celebrities can only sue if their image is used to promote a product without their permission.

How to Avoid Copyright Infringement on Instagram

As a preventive measure, many celebrities have chosen to use their own personal photographers now to create content. Some do this for style, others may because of copyright issues. However, if more celebrities used their own personal photographers, would this put the paparazzi out of a job? Probably not since publications would still buy the rights to the images from the paparazzi, but regardless, it could solve the issue of having to go to court over an Instagram post.

What do you think? Should copyright laws be changed so that celebrities have the right to all images of themselves or should they stay the same so the paparazzi can stay in business?

Looking for a Copyright Lawyer or Intellectual Property Lawyer?

If you seek legal assistance for an issue regarding intellectual property or you have been defamed on the internet or social media, contact the attorneys at RM Warner Law. We know how to help.

Source: Https://Www.Buzzfeednews.Com/Article/Davidmack/Ariana-Grande-Sued-Lawsuit-Paparazzi-Instagram