The ghost of Halloween past has come back to haunt Katy Perry in the form of a new lawsuit.
Katy Perry attends MusiCares Person of the Year honoring Dolly Parton at Los Angeles Convention Center on Feb. 8, 2019 in Los Angeles.The ghost of Halloween past has come back to hauntCelebrity photo agency Backgrid USA has sued the pop star for copyright infringement over an Oct. 29, 2016, that features a photo of Perry in a Hillary Clinton Halloween costume, documents filed with the U.S. District Court in California on Tuesday show.
“The Photograph is creative, distinctive, and valuable,” the complaint reads. “Because of the subject’s celebrity status, and the Photograph’s quality and visual appeal, BackGrid stood to gain additional revenue from licensing the Photograph.” Backgrid further alleges that Perry failed to license the photo even after the agency corresponded with her through her reps numerous times between July 2017 and October 2019.
Backgrid is seeking $150,000 in statutory damages or actual damages; an accounting of all profits and other benefits derived by Perry from the photo; a declaration to permanently enjoin Perry from further exploitation of the image; and the impoundment of all copies of the photo used in the alleged copyright violation.
“Backgrid is an entertainment news agency that works closely with celebrities. As such, it is never Backgrid’s objective to litigate against celebrities,” said Backgrid attorney. “Unfortunately, in the case of Ms. Perry, Backgrid reached out to her representatives in good faith and on a number of occasions to resolve this copyright infringement matter. In spite of Backgrid’s efforts, the photo at issue in the litigation has not been taken down. It remains live to this very day.
Backgrid backs up its infringement claim by noting that Perry’s use of the photo is commercial in nature, given that she uses her Instagram account to promote “business interests, products and ventures,” to “maintain and increase her visibility and desirability as an endorser, actress, model, and entertainment personality” and “promote her persona and celebrity status." Commercial uses of copyrighted content are more likely to be taken seriously by the courts in infringement cases.
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Katy Perry Is Being Sued for $150,000 Over a Hillary Clinton Halloween InstagramKaty Perry is being sued for $150,000 over a Hillary Clinton Halloween Instagram
Read more »
Katy Perry Is Being Sued for $150,000 Over a Hillary Clinton Halloween InstagramKaty Perry is being sued for $150,000 over a Hillary Clinton Halloween Instagram
Read more »
Charlie Puth Is Finally Comfortable in the SpotlightCharlie Puth has tried to course-correct in the years after his 2016 debut album, which he said 'didn't feel like me at all.' Now he’s got another album’s worth of material ready.
Read more »
Guatemalan Artisans Are Going After 64,000+ Etsy Products for Copyright InfringementThe finalized version of the website will feature 2,000 copyrighted and trademarked products from 43 weaving co-operatives in addition to leather products, jewelry, ceramics and art made by over 1,000 Guatemalan artisans:
Read more »
Hillary Clinton admits she played a role in RBG's selection for Supreme CourtFormer Secretary of State Hillary Clinton, sitting next to her husband, former President Bill Clinton, admitted Wednesday night that she had played a pivotal role in his decision to name Ruth Bader Ginsburg to the Supreme Court in 1993.
Read more »