A few years ago photographers suing stars for posting paparazzi photos of themselves on social media was all the rage. Many of the fights settled fairly quickly, but actress Emily Ratajkowski fought back and on Tuesday a New York federal judge found her Instagram story could be a fair use of the image at issue and the matter should go to a jury.
Robert O’Neil in October 2019 sued Ratajkowski and her Emrata Holdings because she shared a photo he took outside a Manhattan flower shop in an Instagram story, a feature that automatically deletes posts after 24-hours.
Ratajkowski moved for summary judgment arguing there isn’t a valid copyright in the photo, her post was a fair use and O’Neil hasn’t suffered any damages. She also sought sanctions and an award of attorney’s fees. O’Neil filed a cross-motion for summary judgment.
U.S. District Judge Analisa Torres on Tuesday issued a split opinion.
Torres found the photo meets the “extremely low” standard…