▲麥莉希拉被訴侵害著作權

蘇思鴻 律師
發表時間:2023/03/19 20:56 272 次瀏覽

Photographer Sues Miley Cyrus for Copyright Infringement攝影師對Miley Cyrus提起侵害著作權之訴訟

It’s happened yet again: another copyright infringement lawsuit involving a celebrity posting an image of themselves without permission from the photographer. This time it’s Miley Cyrus who is in the hot seat, for sharing an image of herself on Instagram without licensing it.再次發生:未經攝影師允許,一位名人上傳含有其本身之照片而被訴,這次是Miley Cyrus,其未經授權在instagram分享有其本身的照片;是熱騰騰當紅的案件。

On Friday, September 9, paparazzi photographer Robert Barbera filed a copyright infringement lawsuit against Cyrus, claiming she reposted his 2020 photo Law360, Barbera claimed the photo “increased traffic” to Cyrus’ account and caused her an increase in the revenues generated through the sale of her music or associated business partnership.”9月9日星期五,狗仔隊攝影師Robert Barbara對Cyrus提起七害著作權之訴,主張Cyrus重複於網路張貼Barbara2020年她所拍攝的照片。

[Read: 6 Copyright Cases Photographers Should Know About]

This past June, Barbera also filed a lawsuit against Dua Lipa. “Without permission or authorization from Plaintiff, Defendant volitionally selected, copied, stored and displayed each of Plaintiff’s copyright protected Photographs,” the complaint, written by attorney Craig Sanders, read when it was filed. The image was then deleted from Lipa’s Instagram account.

The news of this most recent case doesn’t surprise as nearly as much as the frequency with which these lawsuits keep getting filed. One question that springs to mind: Why do celebrities keep posting images of themselves without getting permission from the photographer? Barbera previously sued Justin Bieber and against supermodel Gigi Hadid in 2019 that was ultimately dismissed. At the time, our legal writer, copyright lawyer Aaron Stark, wrote that, “Whatever feelings you may have about the paparazzi taking unconsented pictures of celebrities in public spaces [as opposed to inside their homes, for example], it is settled law that they have the right to do so, and own the copyright to whatever images they take. Thus, Hadid’s publication of the image on her Instagram constitutes infringement.”

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