Apparently, if a celebrity posted their own photo (snapped by a paparazzi) on their own social media accounts without properly attributing them, they could face legal heat for it.
That's what is currently happening to Miley Cyrus, as she is the current subject of a photographer who also went after a flurry of huge celebrities recently - all because of the same thing.
Among the most recent artists hit with the whopping lawsuit is Dua Lipa, who has also been facing a copyright lawsuit, but for her song
"Levitating."
Miley Cyrus Sued Of Copyright Infringement By A Paparazzi
According to Billboard, photographer Robert Barbara has sued Miley Cyrus for reposting a 2020 photo of herself (taken by Barbara). Cyrus has posted a photo of her waving to onlookers while exiting a building.
The unlicensed photo that Miley had posted was reported to have not attributed Robert Barbara nor was he asked permission to be reposted.
Per the publication, this lawsuit was not new - particularly for Barbara who has been fond of suing artists with the same lawsuits.
For context, even though a celebrity was taken a photo without his or her permission - the copyright of the image is still from the person who took it. Being featured in the photo does not give the subject automatic privileges or rights to use it.
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Since Miley posted it without any, even consent, that's where the legality kicks in.
"The misunderstanding with celebrities [is] just because they're the subject of a photo doesn't mean they have any ownership rights in it. Not everyone really understands the difference between rights of privacy and publicity and copyright," lawyer Nancy Wolff said in a statement to Billboard.
Barbera said in the filing obtained by Law360 that the image was "copied, stored, and displayed without license or permission"
He also furthered that with Miley's 169 million followers, he could not already profit from the photo through licensing.
The lawsuit was filed in a Los Angeles Federal Court seeking the actual and statutory damages, which total around $150,000 per infringed work.
As of this writing, Miley Cyrus' camp has yet to respond to the lawsuit.
Dua Lipa was also served with the same lawsuit earlier this summer. Katy Perry, Ariana Grande, and Justin Bieber were also among the sued celebrities by Robert Barbara years ago.
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