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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.
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