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American singer, songwriter and actress Miley Cyrus has settled a copyright infringement case with paparazzi photographer Robert Barbera.

Barbera sued Cyrus for copyright infringement after Cyrus posted a picture of herself on her Instagram page. Barbera claims to have taken a picture of Cyrus waving at fans in February 2020 which Cyrus then posted on her social media page. Barbera alleged that due to Cyrus’ “immense” presence on social media, the posting of the image “crippled if not destroyed” his ability to licence the picture out and make money. Cyrus and Barbera have settled the matter out of court for an undisclosed figure.

Under U.S copyright law, the person who “authors” the work owns the copyright in the work. For that reason, although the picture was of Cyrus herself, she did not own the copyright and thus found herself subject to an allegation of copyright infringement for posting the picture.

This isn’t the first time Barbera has sued a celebrity for copyright infringement. Dua Lipa and Justin Bieber have both faced the wrath of Barbera on previous occasions, with Bieber also opting to settle the matter out of court.

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

in: Case Law, Consumer Law, Copyright, EU/International, Legal News, News

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