Unbeknownst to many, paparazzi have more rights than a celebrity in the complicated and messy world of the entertainment industry.
But like the strong-willed person she is, Miley Cyrus did not back down on pushing down a lawsuit wherein she was sued for posting her own photo snapped by a paparazzi.
Photographer Robert Barbera, who took a photo of Miley Cyrus waving to her fans while exiting a building in 2020, filed a complaint against the "Wrecking Ball" hitmaker for reposting a photo of her without due license and permission to do so.
Barbara had a reputation for suing artists for doing the same thing. In previous years, he had sued Ariana Grande, Dua Lipa, Katy Perry, and even Justin Bieber, among many others.
Billboard reported at the time that the unlicensed photo that Miley had posted did not attribute Robert Barbara, nor was he asking permission for it to be reposted.
To contextualize, even though celebrities who have been taken photos of, even without their permission, do not have the right to post the said photos. 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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Barbara argued in his complaint that the Disney alum possesses an "immense presence" because of her 9-digit followers on Instagram, the platform where she posted it at the time. According to the embattled paparazzi, this has "crippled if not destroyed" his ability to make a profit by licensing it.
In newly obtained exclusive documents by Billboard, the lawsuit was eventually dismissed, siding with Cyrus this time. Since it was dismissed "with prejudice," the photographer could not refile the same allegations in court again.
With the fortunate ruling on the singer's side, fans are asking - what would have happened if the ruling sided with the photographer?
If the case is pursued and eventually sides with Barbera, Miley Cyrus is due to pay around $150,000 in combined expenses.
Most celebrities accused of copyright infringement usually pay as much as tens of thousands of dollars for a single infringed photo. In most cases, celebrities opt to settle outside of court for a smaller sum just to avoid the hassle, effort, and costs of prolonged litigation.
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