The complicated relationship between paparazzi, social media, and celebrities continues in the copyright space. We previously wrote about the cases that had emerged related to Gigi Hadid and Victoria Beckham as well as many other celebrities. Both Hadid and Beckham posted photos taken by paparazzi on their social media accounts and were subsequently sued for copyright infringement. These cases have raised interesting legal arguments at the intersection of copyright enforcement and a celebrity’s right of publicity in their own image, including whether a license could be implied when a celebrity poses for a photograph, or whether that pose creates a co-authorship interest.
Liam Hemsworth is the latest celebrity to make headlines for a related scenario. The photograph at issue in Hemsworth’s case was taken as part of a series of photos depicting him on location for production of a film released earlier this year, Isn’t It Romantic. See ECF No. 1, Splash News and Picture Agency, LLC v. Liam Hemsworth, No. 2:19-cv-10584 (C.D. Cal. Dec. 15, 2019). The photo was licensed exclusively to The Daily Mail. On July 15, 2018, the same day that it was posted to The Daily Mail, the photo of Hemsworth also appeared, without its copyright information as produced on The Daily Mail‘s website, on one of Hemsworth’s social media accounts. It also included a “tag” promoting the movie. On June 20, 2019, the photo again appeared on the same social media account, including a feature to encourage viewers to vote for Isn’t It Romantic at the Teen Choice Movie Awards.