Can Celebrities Post Photos Taken By Paparazzi To Their Own Social Media Accounts? - Copyright

20 June 2023

Romano Law

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In the age of social media, the issue of who owns a photographhas become increasingly relevant, particularly when it comes tophotographs of celebrities. Many celebrities have assumed that theyown pictures taken of them. That false assumption has proved costlyin some cases. Under U.S. copyright law, the person who"authored" a work is the copyright owner. This means thatthe photographer, not the celebrity whose picture is taken, ownsthe rights to the image.

The Copyright Act grants creators (i.e., "authors")several exclusive rights, including the right to use, reproduce,distribute, display or perform, prepare derivative works, sell andlicense the work. Anyone else who wants to use the photo must getpermission from the rights holder, including the person depicted inthe image. While celebrities may have rights to their appearanceunder other laws, they do not have the right to use the photo ifthey don't own or license the copyright to it.

Some celebrities have argued that they have rights tophotographs of them because they are "joint authors." Ajoint author requires the intent of the parties to collaborate.Celebrities have maintained that because they cooperated with thephotographer and posed for the picture, they've establishedthemselves as a co-creator. Courts generally have rejected thisargument.

Under right of privacy laws, celebrities and ordinaryindividuals are protected from being photographed without theirpermission in a location where they have a reasonable expectationof privacy, such as in their homes. However, photographers can takephotos of individuals in public places without permission. Althougha photographer can photograph someone on the street, they may belimited in the use of that photo. Public figures typically have aright of publicity, which allows them tocontrol their image, name or any other likeness used for commercialpurposes. For example, the photographer may not be able to use theimage to promote or advertise a product or company. There is nofederal right of publicity and state laws vary from state tostate.

Individuals can post images of themselves taken by someone elseif they have permission. However, in some instances, they may beable to do so without permission. One defense to a claim ofcopyright infringement is fair use, which requires an analysis offour factors under Section 107 of the Copyright Act, including howmuch of the work is used and whether its being used for commercialor non-commercial purposes.

Typically, cases involving celebrities involve the use of thephoto for commercial purposes - that is, to promote their imageand/or activities (movies, products, etc.). They are also using theentire work (the photo), not a portion of it. And because paparazzimake their livelihood by licensing celebrity snapshots, acelebrity's use of a photo of themselves is often not deemed tobe a fair use.

If you are a public figure and want to post a picture taken bythe paparazzi, you should consider whether you have permission topost the photo. Best practice for anyone seeking to use an imagethey did not take is to consult an attorney with experience incopyright law before posting. If your images have been unlawfullyused by someone else, an attorney can assist you in enforcing yourrights. They can advise you on whether you have a valid claim forcopyright infringement, and if so, what legal remedies areavailable to you.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circ*mstances.

Can Celebrities Post Photos Taken By Paparazzi To Their Own Social Media Accounts? - Copyright - United States (2024)