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Ye faced with copyright infringement claim over Instagram photo

Rapper and fashion designer Ye (formerly known as Kanye West) has been hit with a copyright infringement lawsuit in the USA, after he posted a photo of fashion editor Gabriella Karefa-Johnson to his Instagram page without the consent of the copyright holder, Michaela Efford.

The claim, as filed by Michaela, details that the photo posted by West on 4 October 2022 was taken by her during Paris Fashion Week in September 2022. In the suit, Efford claims that West’s Instagram page would benefit through increased traffic as a result of re-posting the image and that he “received a financial benefit directly attributable to the infringements”.

Ye Instagram Copyright infringement
© Corey Velazquez (Wikimedia Commons License)

The US copyright system differs from that of the UK. In the UK, copyright works cannot be registered, as the right arises automatically subject to originality and fixation. Infringement will occur if another party copies the work in its entirety or a substantial part of it. Contrastingly, the US requires that copyright be registered before any claims of infringement can be brought forward. Michaela registered her copyright to the photograph with the U.S. Copyright Office back in December 2022.

The photograph is no longer on West’s Instagram page and at the time of writing, the rapper’s Instagram account is not active.

We have seen similar scenarios arise with celebrities such as Gigi Hadid, Jennifer Lopez and the Kardashian family, namely when celebrities post photos, usually of themselves taken by others to their social media, without authorisation from the copyright holder.

This case is one of many that demonstrates the importance of being careful with what you post, as you may find yourself infringing on someone else’s copyright without potentially realising it.

If you have any queries regarding the above or would require our assistance with an alternative matter, please do not hesitate to get in touch with our expert team of solicitors at Lawdit today.

Tel: 023 8023 5979

E-mail: info@lawdit.co.uk

For further information on what copyright is, please see Copyright: How it can protect your works – Lawdit Solicitors UK

More on Ye

West, formerly known as Kanye West, is a highly influential and controversial figure in the world of music and pop culture. Born on June 8, 1977, in Atlanta, Georgia, West rose to prominence as a rapper, producer, fashion designer, and entrepreneur.

Throughout his career, he has been known for his innovative music production, thought-provoking lyrics, and boundary-pushing artistic endeavors. He has released several critically acclaimed albums, including “The College Dropout,” “Late Registration,” and “My Beautiful Dark Twisted Fantasy,” which are considered some of the most influential records of the 2000s.

Aside from his musical achievements, West has also made headlines for his outspoken and sometimes polarizing personality. He has been known to express his opinions freely, often stirring up controversies and sparking debates on various subjects. Whether it’s his infamous interruption of Taylor Swift’s acceptance speech at the 2009 MTV Video Music Awards or his support for former U.S. President Donald Trump, Ye’s actions and statements have consistently garnered attention.

In recent years, he has made significant changes to his public image. In 2018, he announced on Twitter that he wanted to be referred to as “West,” stating that the full name Kanye West was “ye” and that it represented his most commonly used word. This decision was accompanied by the release of his album titled “Ye,” which explored themes of mental health, identity, and spirituality.

Ye’s ventures have extended beyond music. He has delved into the world of fashion, launching his own clothing line called Yeezy. Collaborating with renowned brands such as Adidas, Ye’s Yeezy line has gained considerable popularity and has become synonymous with his distinct style.

Despite the controversies surrounding him, West’s impact on the music industry and popular culture cannot be denied. He has won numerous awards, including 22 Grammy Awards, and has consistently pushed the boundaries of hip-hop and popular music as a whole. His ability to reinvent himself and create groundbreaking works has solidified his status as a cultural icon.

In conclusion, Kanye, formerly known as Kanye West, has left an indelible mark on the music and fashion industries. With his artistic vision and unapologetic personality, he continues to captivate audiences and provoke discussions. Love him or hate him, West’s influence on contemporary culture remains undeniable.

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Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.