American actress, Halle Berry has ignited a feud with rapper Drake over use of an image featuring Berry. The Actress branded the move uncool and claimed she “though better of him”.
The matter is not actually a legal dispute as Berry does not own the rights to the image, though the actress is the main feature of the image. The image shows Berry at a sports event drenched in what appears to be green slime. Drake requested Berry’s permission to use the image as initial cover art of his new single “Slime You Out” to which Berry said no. Drake went on to use the image anyways.
The use of the image has not sparked a legal debate, however, as Berry did not own the rights to the image. The image is actually owned by Getty Images Holdings, Inc. an American visual media company. Therefore, Berry’s permission is not actually required for Drake to use the image, he would only have to seek permission from Getty.
Berry went on to post to her a cryptic quote to her Instagram followers which read “sometimes you have to be the bigger guy…even if you’re a woman!” yet fans were quick to jump to Drake’s defence in the comments. One Twitter user posted the image in question with the caption “Christopher polk took this picture for Getty Images, which is available to purchase rights for usage. I love you Halle, but you don’t own the picture so you can’t dictate how it’s used”.
This scenario is a pertinent reminder that just because you are the feature of an image, it does not mean you have any rights in it nor can you dictate how it is used.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
