Legal

THE BIG STORY: Jennifer Lopez is facing copyright lawsuits over paparazzi pictures — of herself.
In complaints filed this week in federal court, photographer Edwin Blanco and photo agency BackGrid USA accused the star of violating their rights by reposting images of herself outside a Golden Globes pre-party in January.

A star getting sued for posting a picture of herself might sound unusual, but it’s exceedingly common. Over the last few years, Dua Lipa, Miley Cyrus, Justin Bieber, Ariana Grande, Emily Ratajkowski, LeBron James, Katy Perry and others have all faced similar cases.

Unfortunately for J. Lo, the law is pretty clear: Photographers own the copyrights to the images that they take, and using them without a license constitutes infringement. Simply appearing in an image does not give a celebrity co-ownership of it, nor does it give them the right to repost it for free.

As we’ve written here previously, that probably seems unfair to stars hounded by paparazzi. When Khloe Kardashian was hit with such a case in 2018, she said as much: “They can legally stalk me and harass me and then on top of it all I can’t even use the pictures of myself they take LOL what the f— is this,” the reality star wrote on social media.

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Those arguments haven’t gotten much play in court. When Ratajkowski was sued, she briefly argued she had legally re-used an “exploitative image” to criticize the “harassing and relentless behavior of paparazzi.” But the vast majority of these cases quickly end in small settlements — and the Lopez case is unlikely to be any different.

For all the details on the case against J. Lo, go read our story on the new lawsuits from Billboard‘s Rachel Scharf. And for more details on how these cases work, go read my in-depth explainer.

You’re reading The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.

Other top stories this week…

DIDDY TRIAL CONTINUES – The sex-trafficking trial of Sean “Diddy” Combs continued into its second week, first with more bombshell testimony from star prosecution witness Cassie Ventura — about Kid Cudi, a $20 million settlement and more vivid allegations of abuse. The singer was then cross-examined by defense attorneys, who showed jurors huge numbers of her emails and text messages — some loving, others sexually graphic — in an effort to prove she was a willing participant in the so-called “freak-off” sex shows at the center of the case. Friday (May 16) and Monday (May 19) were dominated by testimony from Danity Kane singer Dawn Richard, who said she saw Diddy repeatedly attack Ventura, including once with a frying pan and another time at a restaurant with Usher and other celebs present. The trial is expected to run until early July.

POSTY CUSTODY FIGHT – Post Malone legally opposed efforts by his ex, Hee Sung “Jamie” Park, to move their two-year-old daughter to California, arguing that the child has lived in Utah most of her life and should remain a resident there. The filing came in response to a custody petition filed by Park last month, seeking sole physical custody of the girl following their split in November.

COVID COLLUSION? The Justice Department is conducting a criminal antitrust investigation into whether Live Nation and AEG illegally colluded in their concert refund policies at the beginning of the COVID-19 pandemic. The probe was first reported by Bloomberg and later confirmed by Live Nation, which strongly denied any wrongdoing: “It is not illegal for artist agents, promoters and ticketing companies to work together to solve the unprecedented challenges of a global pandemic,” said Dan Wall, the company’s regulatory chief.

“INFLAMMATORY ACCUSATIONS” – Days after sending subpoenas to Taylor Swift and her lawyers, Justin Baldoni’s attorneys made a shocking claim that Blake Lively asked Swift to delete text messages and used “extortionate threats” to try to get a statement of support from the pop superstar. Those allegations, credited to an anonymous source and denied by Lively’s lawyers as “categorically false,” were later thrown out of court by a federal judge, who called them a “misuse of the court’s docket” by Baldoni’s attorneys: “The sole purpose of the letter is to promote public scandal by advancing inflammatory accusations,” the judge wrote.

DRAKE CASE IS “DANGEROUS”? A group of legal scholars warned a federal judge that Drake’s defamation lawsuit against Universal Music Group over Kendrick Lamar’s “Not Like Us” was “dangerous” because it would have a “chilling effect” on hip-hop and encourage prosecutors to use rap lyrics as evidence in criminal cases. The professors, hailing from UC Irvine, said that diss tracks are a form of creative expression, not a “series of news reports” — and that Drake’s case threatens to “deny rap the status of art and instead to flatten lyrics into literal confessions.”

TERMINATION LITIGATION – Salt-N-Pepa sued Universal Music Group to win back control of their masters, claiming in a new lawsuit that the music giant has stonewalled their use of copyright’s so-called termination rights. Rather than accepting the move, the case claims UMG has instead “punished” the legendary hip-hop duo by removing some of its music from streaming and holding its music “hostage.”

DURK LYRICS BATTLE – Federal prosecutors fired back at Lil Durk’s “false narrative” that they’re unfairly using his lyrics against him, arguing that he was indicted because of a “brazen murder plot” and not because of his music. Weeks after the feds removed all musical references from the case, they argued they still had more than enough to charge him for murder-for-hire: “Defendant was charged for his murderous conduct, not his lyrics.”

SMOKEY POLICE REPORT – Attorneys for the housekeepers suing Smokey Robinson for sexual assault confirmed that they had filed a police report against the 85-year-old Motown legend, leading the Los Angeles County Sheriff’s Department to open a criminal investigation. The singer’s attorneys said such a probe was automatically required after the filing of a report, and said they “welcome that investigation”: “We feel confident that a determination will be made that Mr. Robinson did nothing wrong.”

LIL NAS X CASE TOSSED – A federal appeals court dismissed an unusual lawsuit accusing Lil Nas X of copying Instagram posts by a freelance artist and model named Rodney Woodland, who claimed the rapper stole his distinctive semi-nude poses and used them in his own IG posts. The Ninth Circuit ruled that the disputed images “share few similarities” and Lil Nas likely never saw them anyway.

SHEERAN AT SCOTUS – Ed Sheeran urged the U.S. Supreme Court to finally end one of the long-running lawsuits claiming his “Thinking Out Loud” infringed Marvin Gaye‘s “Let’s Get It On.” The star’s lawyers said the case, filed by a company that owns a partial stake in Gaye’s 1973 song, was rightfully dismissed by a lower appeals court in November, which ruled that the two tracks share only basic “musical building blocks.”

TUPAC/BIGGIE COPYRIGHT CASE – A pair of photographers who snapped photos of the late legendary rappers Tupac Shakur and The Notorious B.I.G. teamed up to sue Univision for copyright infringement, accusing the broadcaster of using the images without permission in a web article about “unsolved” murders.

BANKRUPT STREAMER – Free music streaming service AccuRadio filed for bankruptcy, citing $10 million in debts to SoundExchange for artist royalties. The company, which describes itself as “the only online music streaming service curated by human beings, not algorithms,” said it had been unable to reach a settlement to resolve a lawsuit filed by SoundExchange over those debts.