Celebrities Sues for Posting Their Online Photos

Main Article Content

๋Jumpol Pinyosinwat

Abstract

 It has become not uncommon to share photos in social media platform, especially for most celebrities who post their paparazzi photos to their social media accounts without the license. Uploading and posing their own photos could lead to copyright infringement cases. The article examines and analyzes such cases in the U.S. court; Xclusive-Lee, Inc., v. Jelena Noura “Gigi” Hadid (2019) and Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 139 S.Ct. 881 (2019) from the U.S. Supreme Court, including other celebrity litigations in the similar situation.


The article investigates the use of social media photos or sharing as a new norm of society draw upon copyright nature—intangibility and monopoly right. Then, the article proposes that the justification of copyright protection and the need to balance between the monopoly right and public interest should be truly considered to deal with social media photos uses. In addition, fair use should be part of such consideration.


 

Article Details

How to Cite
Pinyosinwat ๋Jumpol. “Celebrities Sues for Posting Their Online Photos”. Naresuan University Law Journal 12, no. 2 (December 24, 2019): 7–26. Accessed November 15, 2024. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/227005.
Section
Special Article

References

Bosher, Hayleigh. “Gigi Hadid faces another Copyright Infringement Claim after posting picture of herself on Instagram.” The IPKat. Accessed November 11, 2019. http://ipkitten.blogspot.com/2019/02/gigi-hadid-faces-another-copyright.html.

Cornell Law School. “Legal Information Institute.” Accessed November 11, 2019. https://www.law.cornell.edu/uscode/text/17/411.

Courthouse News. “United States District Court Eastern District of Lousiana.” Accessed November 11, 2019. https://www.courthousenews.com/wp-content/uploads/2018/02/beckham.pdf.

Drahos, Peter. A Philosophy of Intellectual Property Hampshire: Ashgate Publishing Limited, 1996, 2002.

Jumpol Pinyosinwat, and Bhumindr Butr-indr. History and Concepts of Intellectual Property. 2nd ed. Bangkok: Textbook and teaching materials project Faculty of Law Thammasat University, 2018. [In Thai]

Leagle. “Browse Decisions, Xclusive-Lee, INC. v. Hadid.” Accessed November 11, 2019. https://www.leagle.com/decision/infdco20190719c27.

Leagle. “View Case, Fourth Estate Public Corp v. Wall-Street.com. Llc.” Accessed November 11, 2019. https://www.leagle.com/decision/insco20190304c03.
Library of Congress. “Copyright Basics, Circular 1.” Accessed November 11, 2019. https://www.copyright.gov/circs/circ01.pdf.

Patterson, Lyman Ray. Copyright in Historical Perspective. Tennessee: Vanderbilt University Press, 1968.

The Fashion Law. “From Gigi Hadid and Nicki Minaj to Versace and Marc Jacobs: A Running List of Paparazzi Copyright Suits.” Accessed November 11, 2019. www.thefashionlaw.com/home/from-ariana-grande-and-nicki-minaj-to-monse-and-marc-jacobs-a-look-at-the-boom-in-paparazzi-copyright-suits

The Fashion Law. “Gigi Hadid’s Counsel Calls Paparazzi Photo Lawsuit “Meritless” & “Misuse of the Copyright Act.” Accessed November 11, 2019. http://www.thefashionlaw.com/home/gigi-hadids-counsel-calls-paparazzi-photo-lawsuit-a-meritless-case-amp-misuse-of-the-copyright-act.

The Fashion Law. “Grande is the Latest Celebrity to be Sued for Posting Photos of Herself on Instagram.” Accessed November 11, 2019. http://www.thefashionlaw.com/home/ariana-grande-is-the-latest-celebrity-to-be-sued-for-posting-photos-of-herself-on-instagram.

The Fashion Law. “Supermodel Gigi Hadid Calls Instagram Photo at Center of Paparazzi Lawsuit “Fair Use.” Accessed November 11, 2019. www.thefashionlaw.com/home/supermodel-gigi-hadid-calls-instagram-photo-at-center-of-paparazzi-lawsuit-fair-use.