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Why Celebrities Get Sued for Posting Photos of Themselves: Understanding Copyright and Right of Publicity

It may seem hard to believe, but yes, celebrities have been sued for posting pictures of themselves. From Kim Kardashian to Gigi Hadid, several high-profile stars have found themselves facing lawsuits after sharing paparazzi-taken images on their own social media accounts.

Why Does This Happen?

At the heart of these cases is one important concept in copyright law: just because you’re in a photo doesn’t mean you own it.

When a photographer, including a paparazzo, takes a photo, they automatically own the copyright to that image. That gives them exclusive rights to reproduce, distribute, or display the photo publicly. Even if the subject of the photo is a celebrity, or the photo was taken in a public place, that person still doesn’t own the photo or have the legal right to post it without permission.

Real-Life Celebrity Lawsuits

  • Gigi Hadid was sued for posting a paparazzi photo of herself on Instagram. Even though she was the subject of the photo, she didn’t have permission from the photographer or licensing agency to post it.
  • Khloé Kardashian faced a similar suit after posting a photo of herself taken by a professional photographer.
  • LeBron James, Emily Ratajkowski, and 50 Cent are just a few others who’ve faced claims or settlements over similar photo posts.

What About Fair Use or Public Domain?

Many people assume these images fall under “fair use” or public domain because they were taken in public, but that’s not the case. Fair use is a narrow exception under copyright law and typically doesn’t apply to reposting full, unaltered professional photos for personal or promotional purposes.

Fair use might apply for:

  • Commentary or criticism
  • Educational or non-commercial uses
  • Transformative use (like creating a meme or parody)

But reposting a professional image without permission, especially on a monetized account or to promote yourself, rarely qualifies.

Do Celebrities Have Any Rights?

Yes, celebrities and other public figures do have a right to control the commercial use of their name, image, and likeness. That falls under right of publicity laws, not copyright law. If a brand uses a celebrity’s image to promote a product without permission, that can lead to a right of publicity or false endorsement claim.

But these rights don’t override the photographer’s copyright. So while a celebrity can stop others from using their image to sell something, they can’t freely use a copyrighted photo they don’t own.

What Creators and Businesses Should Learn From This

This isn’t just a problem for celebrities. If you post or use professional images, even of yourself, without a license or permission from the photographer, you could be sued for copyright infringement. That includes:

  • Models reposting photo shoot images
  • Musicians sharing press photos
  • Brands posting fan photos without checking ownership

How to Protect Yourself

  • Get a license or written permission before using a photo someone else took — even if you’re in it.
  • Use images where you own or control the copyright, or get the photographer to assign the rights to you.
  • Don’t rely on “crediting” the photographer — that doesn’t make it legal.
  • Work with a lawyer to clear image rights for your website, merchandise, or promotional materials.

Need Help with a Photo Copyright Issue?

At Landry Legal, we help creators, brands, and public figures navigate image rights, copyright law, and content disputes. If someone is using your image without permission, or if you’ve been accused of copyright infringement, we can help you resolve it.

📧 Email us at contact@landrypllc.com to set up a consultation.

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