It is normally the paparazzi that is in trouble with celebrities, whether for invasion of privacy or otherwise.
This time, and not for the first time, it is the celebrity that is in trouble.
Dua Lipa was “papped” in an airport queue wearing a big fluffy hat. On discovering the photograph, Dua Lipa posted that image to her Instagram page with the big news that she will “…be living under big fluffy hats until further notice”.
Who cares (you might ask)?
Apart from her 67million Instagram followers, Integral Images care because it owns the copyright in the photograph. It has now sued Dua Lipa in the US for copyright infringement.
Although it may seem odd that a person does not own the rights in a photograph in which he, she or they are depicted, the basic nature of copyright is that (i) it exists automatically on creation of the work and (ii) it is owned by the author or creator of that work.
The author of a photograph is the photographer.
In this particular case, we assume that Integral Images owns the copyright in the photograph because of contractual terms whereby all intellectual property created by the photographer is automatically assigned to Integral Images.
And in a world where photographs of celebrities are now ten-a-penny, and so less valuable, why pursue expensive legal proceedings against super-wealthy celebrities such as Dua Lipa (and others that include Khloe Kardashian, 50 Cent, Ariana Grande and Justin Bieber)?
The key is the number of Instagram followers (and the fact that damages awards are more generous in the US, as compared to the courts of England and Wales).
The value of the photograph is in posting that image on Instagram, or other online platforms, from which the celebrity generates significant advertising income. The photographer, therefore, will look to quantify its loss by reference to the profits made by the celebrity in using its image.
In an increasingly competitive market where innovation, aesthetics, and brand identity are critical assets UK businesses must take a strategic approach to intellectual property (IP) protection. Whether you’re a fashion brand, tech firm, or start-up, building and maintaining a strong IP portfolio is essential for long-term value and commercial success.
Generative AI represents a new frontier in fashion innovation but it also challenges conventional notions of creativity, ownership, and protection. As the law catches up, designers, tech firms, and brands must proactively engage with and stay on top of the changes. Whether it’s securing copyright, registering designs, or navigating patents, a specialist AI London Solicitor or IP London Solicitor can help turn AI built fashion into a legally protected asset.
As the digital fashion industry booms alongside the rise of Non-Fungible Tokens (NFTs), questions around intellectual property (IP) ownership, licensing, and legal enforcement are more pressing than ever. Digital garments at first only used in the gaming sphere are now traded on blockchain platforms, worn in virtual environments, and even showcased on social media and virtual runways. With this evolution comes the need for legal clarity, especially for designers, platforms, and consumers based in the UK.
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