A Fashion Paparazzi Prevails In A Copyright Infringement Action: Striking the Right Balance in Fair Use Seems Elusive
*** The writing does not, and is not intended to, constitute legal advice by any means*** Feel free to follow my Instagram @hongjunlive A fashion paparazzi who took a photograph of Bella Hadid, a supermodel, initiated a copyright infringement action against a fashion brand that subsequently posted on its Instagram the paparazzi's photograph. The photograph features Bella Hadid donned in the brand's latest outfit. In a four-page complaint filed with the Southern District of New York, the paparazzi alleged that he had neither authorized nor consented to the use. See Complaint , Jawad Elatab v. Hesperios, Inc. , 1:19-cv-09678 (S.D.N.Y. Oct. 20, 2019). Hesperios asserted that its Instagram post constituted a fair use, but a S.D.N.Y. judge disagreed, denying Hesperios' motion to dismiss on the question of fair use. In his Order, Judge Andrew Carter found that Hesperios' use of the photograph in question did not amount to fair use. See Order , Jawad Elatab v. Hesperios, ...
