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When the secondary use of copyrighted material is commercial, this use “tends to weigh against a finding of fair use,” although this consideration should not be determinative. Not every unauthorized use of a copyrighted work infringes the copyright owner’s rights copying will be excused if a court determines the copying qualifies as “fair use.” The “purpose and nature of the use” factor of the fair use exception differentiates between personal Instagram use and use of copyrighted material for a commercial purpose.
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However, many Instagram users, beyond large corporations, post screenshots of celebrity music videos and caption their posts with song lyrics. Grande’s original, fixed works, such as her songs, their lyrics, and her music videos are covered by copyright law. These works are fixed when they are “sufficiently permanent or stable” to allow perception, reproduction, or communication for a “period of more than transitory duration.” Copyright protection begins at the moment that an original work is created and fixed in a tangible medium of expression. In this article, each intellectual property claim will be analyzed regarding facts of this case and in the broader context of social media marketing.įederal copyright law protects “original works of authorship fixed in any tangible medium of expression.” Works of authorship include musical works, accompanying words, motion pictures and other audiovisual works, among other works of authorship. These claims are supported by statutory law and caselaw. Grande’s legal team will be able to present a solid case for its copyright, trademark, and right of publicity claims. Forever 21 recently filed for bankruptcy, which may have been the reason why it was unable to afford a brand deal with a public figure. Grande and Forever 21 were in negotiations for a marketing campaign before the allegedly infringing images were posted. Grande was aware of Forever 21’s desire to promote its products alongside her name and image. According to the complaint, Forever 21 agreed to remove the pictures from social media in February when contacted by Grande’s legal team, but did not remove them until April. Forever 21 and its beauty company, Riley Rose, also allegedly posted pictures of Grande clipped from her music videos. Side-by-side comparisons of the posts and the music video were displayed in the complaint. The caption featured lyrics from “7 Rings.” In another post, the same model wore camouflage pants and pink shoes similar to another of Grande’s “7 Rings” looks. In one post, the look-alike model sported Grande’s slicked-back high ponytail with two pink puff balls atop her head, just like the ones Grande wore in her music video. Grande claims that Forever 21 violated Grande’s right of publicity when Forever 21 posted pictures, videos, and lyrics without Grande’s permission on the company’s Instagram account, and used a look-alike model dressed in clothes similar to those worn in Grande’s “7 Rings” music video. The complaint alleges right of publicity violations, as well as false endorsement, trademark infringement, and copyright infringement. In early September 2019, pop singer Ariana Grande filed suit against Forever 21 in Los Angeles federal court. Where is the line drawn between promoting celebrity fashion trends and exploiting a celebrity’s likeness without permission to increase sales? Fast-fashion retailer Forever 21 is about to find out. It is easier than ever to share fashion trends, many of which become popular because of the celebrities associated with them. Brands are eager to associate their names with popular celebrities to reach the celebrities’ millions of followers on social media. Celebrity brand deals are becoming more prevalent with the rise of social media fame and influencer marketing. “ariana-grande-performs-onstage-during-the-sweetener-world-news-photo-1136748930-1553206712” by is licensed under CC BY 2.0īlythe McGregor, Associate Member, University of Cincinnati Law ReviewĬelebrity endorsement is associated with an average four percent increase in sales.