Paparazzi wins legal battle against well-known clothing brand
April 14 2023
legal battle paparazzi

In a recent case, the District Court of California upheld the copyright of a photograph of model Irina Shayk, taken by a paparazzi. The photograph in question features Shayk wearing sweatpants designed by the brand Deadly Doll, which is protected by copyright. The trademark claimed that it had the rights over the photograph and published it on its social media as advertising, without the authorization of the author.

However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work. The decision focused on the fact that the sweatpants worn by Shayk were not a pre-existing work, but rather a “useful article.” According to American jurisprudence, a useful article is an object that has a utilitarian function within the work and does not primarily seek to represent the appearance of the article or convey information related to it.

Ultimately, the court ruled that the photograph did not primarily seek to showcase the Deadly Doll design, but rather, it was a mere coincidence that it was being worn by Shayk. Therefore, the photograph was not a derivative work and the paparazzi’s copyright was protected.

This case reinforces the jurisprudence that has been established regarding the exhibition of trademarks or designs in photographs. It highlights the importance of considering the authorial intention of the photograph and recognizing the concept of “useful articles” as incidental elements inside a photo. By doing so, it protects the work of paparazzi and others who are dedicated to portraying real-life situations outside of the advertising field.

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