Ariana Grande is being sued for posting a photo with no permission. Again. By the same photographer

Feb 4, 2020

Dunja Djudjic

Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.

Ariana Grande is being sued for posting a photo with no permission. Again. By the same photographer

Feb 4, 2020

Dunja Djudjic

Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.

Join the Discussion

Share on:

New York-based photographer Robert Barbera is suing pop star Ariana Grande for posting one of his photos to her Instagram without permission. Sounds familiar? It’s because the singer has already been sued for posting a photo of herself without licensing it, and she was sued by the same photographer.

Not even a year ago, Barbera sued Grande for sharing two of his paparazzi photos with her fans on Instagram. He sought $25,000 for each and according to The Fashion Law, the young singer paid up for image use retroactively. But now she has made the same mistake again. Judging from her tour’s terms and conditions, though, maybe she doesn’t get how photo copyright works.

Barbera filed a claim in a New York federal court on Monday. He claims that the singer “willfully, intentionally, and purposefully, in disregard of and indifference to [his] rights” posted his photo to her Instagram without licensing it.

This time, Grande didn’t use an unlicensed photo to promote her album, but it was again used for promotional purposes. She reportedly posted a photo from 2018 in which she is wearing one of her “Sweetener” sweatshirts. The photo was shared to her Instagram Story “to promote [her] brand and clothing.” Other than the photo in question, there was also the caption reading “My Merch Is So Cute and Comfy, Swipe Up To Get Da Look,” and a link to purchase the sweatshirt and other merch.

According to the lawsuit, Barbera argues that Grande is “not, and [has] never been, licensed or otherwise authorized to reproduce, publicly display, distribute and/or use the photograph.” He is seeking a still undefined sum of his “actual damages and Grande’s profits, gains or advantages of any kind attributable to [her] infringement of his photo,” along with punitive damages and attorney’s fees.

Interestingly enough, just like Ariana Grande has a history with sharing unlicensed photos, Barbera has a history of suing celebrities who do the same thing. The Fashion Law writes that he has also sued Justin Bieber, Alexander Wang, Christian Siriano, CBS, Versace, and others – for the same reason. While I rarely side with paparazzi, there’s no doubt that the copyright to his photos belongs to him, and he has all the right to sue those who use his photos without licensing them.

[via FStoppers; image credits: Emma/Wikimedia Commons]

Filed Under:

Tagged With:

Find this interesting? Share it with your friends!

Dunja Djudjic

Dunja Djudjic

Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.

Join the Discussion

DIYP Comment Policy
Be nice, be on-topic, no personal information or flames.

Leave a Reply

Your email address will not be published. Required fields are marked *

13 responses to “Ariana Grande is being sued for posting a photo with no permission. Again. By the same photographer”

  1. R Christian Anderson Avatar
    R Christian Anderson

    “Posing” a photo or “Posting” a photo?

  2. Chris Cameron Avatar
    Chris Cameron

    Wow, how dumb is this woman?

  3. John Flury Avatar
    John Flury

    Such a poser!

  4. Dustin Breau Avatar
    Dustin Breau

    A question, because I don’t do this type of photography, does Barbera have a signed release by Grande to use her likeness? Another-words, doesn’t he have to have a signed release from her for him to obtain money from third parties(I.E. licensing fees)?

    1. Justin Prim Avatar
      Justin Prim

      nope because shes a famuse person and not acting as a model. personaly i think photographers that go after there subjects for sharing a picturethe photographer took of themselves is rediculiouse. just ask for credit if that doesnt work then bambard there comment section with your info

    2. Javier Cardona Avatar
      Javier Cardona

      Justin Prim y do u typeth like that lol

    3. Mike Avatar
      Mike

      No because it is considered journalism, it is a record of something happening at a certain date in history. You need a release when the image is seen as promoting or endorsing a product/idea/company/belief. There are different industry rates for editorial(journalism) or commercial usage. If the evening news has a story about Grande they don’t need a release to show images/video of her on TV. Imagine the cost of daily sports highlights if they had to get permission and pay every athlete that appears?

  5. Seanie Broke de Shire Avatar
    Seanie Broke de Shire

    There’s a similar story to this in an episode of Click Click, Bang Bang – a photography podcast from the host Toby.

  6. Mauro Gagliardi Avatar
    Mauro Gagliardi

    I believe if you take a picture of me that picture is half mine. Sorry.

    1. Mauro Gagliardi Avatar
      Mauro Gagliardi

      if youre going to make money off my image then i want a cut.

    2. m4k3m3 Avatar
      m4k3m3

      You’re free to believe whatever you want but it won’t make it true.

  7. Jeffrey Chain Avatar
    Jeffrey Chain

    A photographer takes stills of a subject. The stills that the customer buys is for personal use. If the customer chooses to use the photos for commercial use, then the photographer has to be notified. Remember, the photographer has the copyright for the photos. When you purchase photos, you are not buying the rights.