Photo Agency Suing Gigi Hadid Says Co-Authorship Claim is "Preposterous," Implied License is a "Blatant Attempt to Rewrite the Law"
Art Law

Photo Agency Suing Gigi Hadid Says Co-Authorship Claim is “Preposterous,” Implied License is a “Blatant Attempt to Rewrite the Law”

image via Instagram Gigi Hadid’s response to a pending copyright lawsuit “tests the limits of cynicism because Hadid has gone out of her way to criticize photographers like the author of the photograph [at issue] as a necessary evil of the publicity she receives,” Xclusive-Lee, Inc. asserts in its opposition to the model’s recently-filed motion to dismiss. The supermodel, the plaintiff photo agency argues, “wants to have it both ways. She derides the individuals who capture photographs of her, [and] then turns around and appropriates their work” by posting their images on her highly-followed Instagram account. According to Xclusive’s 13-page filing, which comes less than a week after Hadid’s counsel filed a lengthy motion seeking to have the case tossed out of court, Hadid has failed to show that her use of Xclusive’s paparazzi-captured image of herself is fair use, and as such, the case should proceed. In an attempt to poke holes in Hadid’s argument that her posting of its image on her Instagram account without receiving permission from the copyright holder or paying a licensing fee amounts not to infringement but to fair use , Xclusive puts forth two additional fair use factors for the court to […]

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