Supermodel Gigi Hadid Calls Instagram Photo at Center of Paparazzi Lawsuit "Fair Use"
Art Law

Supermodel Gigi Hadid Calls Instagram Photo at Center of Paparazzi Lawsuit “Fair Use”

image: Stuart Weitzman Gigi Hadid wants the case filed against her for posting a photo of herself on Instagram tossed out of court. Echoing a seemingly unpersuasive April 1 letter to Judge Chen of the U.S. District Court for the Eastern District of New York, Hadid’s counsel filed a 20-page motion to dismiss on Wednesday, arguing that the case initiated by Xclusive-Lee, Inc. early this year “does not satisfy even the most basic requirements of a copyright claim, failing to allege both registration of the photograph and the ownership necessary to bring this action,” and also fails to identify any damages that it suffered as a "result of the supermodel’s alleged infringement. In addition to claiming that the plaintiff in this case, Xclusive failed to sufficiently show that it has rights in the photo, in part because Xclusive did not take the photograph at issue, Hadid’s counsel claims that “Ms. Hadid’s reposting of the photograph on her personal Instagram page was fair use” – meaning that she “used the copyrighted material in a reasonable manner without [the author’s] consent” – and that such use is “consistent with an implied license, and therefore not [legally] actionable.” In a discussion about […]

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