If you thought you were having a bad day, remember it could be worse! You could have been slapped with a $150k lawsuit. YIKES!!
Khloe Kardashian is in that situation right now. If you hadn’t heard Khloe Kardashian is being sued by UK based photography agency, Xposure Photos.
She is being sued for posting a picture of herself on Instagram.
Wait, what??! YES, a picture of herself. It is a bit humorous if I must say so myself! However, in my legal opinion this photographer has a pretty legitimate argument. The photographer claims to have taken a picture (not the image below) of Khloe at a Miami restaurant in September 2016. He asserts that Khloe removed his copyright info/watermark from the picture and posted it on her Instagram page. Khloe failed to mention the photographer’s name or give him credit in her social media post.
Joe Scarnici, Getty Images
The photographer is claiming that he could have made a profit from the picture (selling the pic, licensing, etc), but Khloe posted it to over 60 million Instagram followers and he can no longer profit front the picture she released.
Here is a little legal Intellectual Property info: The person that is photographed does not hold the copyright of an image. The person that snaps the camera has an automatic copyright even without obtaining a formal US copyright registration. If the person being photographed agrees to being photographed it STILL does not transfer any intellectual property rights relating to copyright.
So the picture, regardless of who is in it, belongs to the photographer.
If Khloe had asked me I would have told her… lol.
Even in the instance that the person being photographed signs some type of waiver allowing the photographer to photograph them/ or do whatever they’d like with the picture, that still does not transfer copyright. In the instance that Khloe signed a standard waiver of that nature, she would still have to ask permission or at least agree to give credit/acknowledgment to the photographer. Unless it is stated otherwise the copyright belongs to the person behind that camera!
My question is- how did she get the pic?? Did the photographer send it to her? Did she swipe it from the photographer’s social media page?? I’m just curious. If she snatched it off their social media it gets a little complicated. But, I haven’t read anything about where or how she got the picture.
Maybe a simple little @ or a # for the photographer would have prevented all of this.
I’m sure the photographer would have been happy with the mention/acknowledgment to over 60 million people. Some say the photographer is looking for attention. Regardless of whether he is or he isn’t- my guess is that Khloe will cut him a check!
This will definitely be interesting! The legal nerd in me cannot wait to see the outcome.
It is a great message to all the creatives and artists- Know your rights 🙂
What are your thoughts on this? Let me know below.
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