CALL US: 206.533.3854
CALL US  206.533.3854
AEON Law logo full color transparent
By Eva Rinaldi - Flickr, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=36962401

Khloe Kardashian Sued over Instagram Photo

Kardashian sued
for posting copyrighted
pic on Instagram

Xposure Photos Ltd., a U.K. photography company, sued Khloe Kardashian in federal district court in California, alleging that she infringed the company’s copyright when she posted a photo of herself and her sister, Kourtney, on Instagram.

Xposure alleges that Khloe, who has 67 million Instagram followers, failed to obtain permission to post the photo and didn’t include the proper copyright notice.

In fact, the suit alleged that Khloe (or someone in her organization) altered the photo and removed copyright management information showing Xposure as the copyright owner of the photo.

According to People Magazine (which calls Xposure a “Papparazzi Agency”), the photo shows the Kardashian sisters going into a Miami restaurant.

Xposure licensed the photo to The Daily Mail.

The agency is seeking $25,000 or more in damages, according to Vanity Fair, claiming that it could have profited more from selling the rights to the photo if Khloe hadn’t given it away for free to her followers.

As Vanity Fair reported,

The Hollywood Reporter also noted a similar lawsuit from March when photographer Steven Ferdman sued Sony Pictures for using one of his photos of Tom Holland on the set of Spider-Man: Homecoming on the movie’s official Twitter and Instagram account’s without his permission. Holland also posted the photo to his personal Instagram account. Ferdman reportedly dropped the suit in early April.

According to US Weekly,

Kardashian is an avid Instagram user, and sometimes includes sponsored posts. As Us Weekly exclusively revealed last month, she can earn up to $250,000 for promoting just one brand or product on the social platform. Kourtney, 37, can command around the same amount, while Kim Kardashiancan make $500,000 from one campaign.

As a photography blog notes,

It’s something often misunderstood by clients, celebrities, and the general public alike. Just because you appear in a photograph does not mean that you have the legal right to use it.

Related Articles

Federal Circuit Confirms Background Check Software Not Patentable

The Federal Circuit has affirmed a lower court’s decision that the claims of a patent for software that manages pre-employment background checks weren’t patent-eligible. The ...
Read More

Patent Office Updates Eligibility Guidance on AI Inventions

The US Patent and Trademark Office (USPTO) has updated its Subject Matter Eligibility Guidance to address artificial intelligence (AI) and other emerging technologies. This is in response ...
Read More

Federal Circuit Invalidates Remote Gambling Patents

The Federal Circuit has affirmed a federal district court’s dismissal of patent infringement suits involving patents for remote gambling, because it found the subject matter ...
Read More

Let's work together.

Contact us to set up a meeting with an attorney or team member.

Stay Informed

Sign up to receive Patent Poetry—a monthly roundup of key IP issues in our signature haiku format. Four articles (only 68 syllables); zero hassle.

SECTORS

HIGH
TECHNOLOGY

Artificial Intelligence

Blockchain & Cryptocurrency

Computer Technology & Software

Consumer Electronics

Electrical Devices

MECHANICAL
& PRODUCTS​

Cleantech

Mechanical Devices

Consumer & Retail Products

Hardware & Tools

Toys & Games

LIFE SCIENCES
& CHEMISTRY​

Biotechnology

Chemical Compounds

Digital Health

Healthcare Products

Pharmaceuticals

BRANDING
& CREATIVE​

Books & Publications

Brand Creation

Luxury Products

Photography & Video

Product Design

call us  206.533.3854

SERVICES

PROTECT

DEAL

DEFEND