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By Andy Malt | Posted on Monday, September 12, 2022
Miley Cyrus is the latest musician to be sued for copyright infringement by photographer Robert Barbera over photos she posted on Instagram. He has previously sued Justin Bieber, Ariana Grande and Dua Lipa (twice), all of whom have settled out of court.
In this new lawsuit, Barbera says he took a photo of Cyrus waving as she left a building in February 2020. Shortly after, the photo appeared on Cyrus’ Instagram profile without her permission. .
“The photograph was copied, stored and displayed without license or permission, thereby infringing the copyright of the plaintiff,” the legal filing states, according to Law360. “The infringement includes a URL (Uniform Resource Locator) of a fixed material medium of expression that is sufficiently permanent or stable to allow its communication for a period greater than a transitory duration and therefore constitutes a specific infringement”. So now you know.
While he’s by no means the only photographer to pursue this type of litigation, Barbera has nevertheless made it a kind of sideline to his paparazzi work. He launched his first such lawsuit against Justin Bieber in 2019, represented by attorney Richard Liebowitz – who at the time had recently been described by a judge as a “known copyright troll” and ordered to follow training on “ethics and professionalism”. ”.
More recently, Barbera was represented by Craig B Saunders, who also specializes in copyright and trademark violations but – as far as we know – has never been accused of being a troll by a judge. Although that doesn’t mean he’s never been called that by anyone (he has).
It remains to be seen how Cyrus will respond and whether she will also reach a settlement rather than contesting the claim in court.