Social media has changed the way we interact with each other. We post pictures of ourselves to our Instagram all the time, hoping to show people that we are living the life that we want. But the law hasn’t changed at the same pace as the internet. Before posting a picture of yourself, it’s important to know who took the picture and whether you have permission to post it.
This is not likely to be a problem when the picture was snapped by your friend, but it can become a much larger problem when you’re a celebrity with people following you around trying to make money on your likeness. Ask Ariana Grande, who is currently being sued in New York for posting a picture of herself to Instagram.
Robert Barbera, a professional paprazzi, alleges that he took a photograph of Grande outside a building carrying a bag emblazoned with the word “Sweetener.” Grande went on to post these photos to her Instagram account to promote the release of her new album of the same name. After obtaining copyright registration, Barbera sued her for willful copyright infringement, alleging that he was entitled to damages when she posted the copyrighted photos without his permission.
This is part of a growing trend. Celebrities like Kim Kardashian and Gigi Hadid have been sued by paparazzi for doing the same thing. Many of those sued have reached out-of-court settlements. While it may seem odd that they are profiting off of people posting photos of themselves, so long as the photo was taken in a public place, a paparazzi likely owns the copyright in the photos they take. Each case is different and different facts can change the outcome, one thing is clear: while social media has made sharing easier than ever, the law makes sure nothing is that easy.
