Why does this keep happening? What legal defenses does Miley have? And how much could she be facing in damages?
: “I learned the next day from my own lawyer that despite being the unwilling subject of the photograph, I could not control what happened to it.”
In court, Ratajkowsk’s attorneys argued that her use of the image was a legal “fair use,” because she had posted it to Instagram as a criticism of invasive paparazzi. They argued she had transformed the photo from an “exploitative image” snapped without her consent to “a commentary on the harassing and relentless behavior of paparazzi such as plaintiff.” But the caseOther celebs have made different arguments.
But such cases almost never reach that stage. Instead, many end with a settlement deal in which the accused celebrity pays a smaller sum to avoid the headaches and costs of continued litigation. The terms of such deals are almost always private, but in a case involving just a single photo, they likely range in the tens of thousands of dollars.
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