Kanye West performing live. Photo Credit: Kenny Sun
A copyright lawsuit over a paparazzi video? Celebrity photograph business Bauer-Griffin is suing Gamma, its Vydia subsidiary, French Montana, Kanye West, and others for allegedly incorporating a caught-on-camera outburst from West into a track without authorization.
This outburst was recorded 13 years back, when West and Kim Kardashian were walking up towards the street from what appeared to be a below-ground parking garage. Paparazzi were positioned on said street – and in the perfect spot at that – while West advanced with his gaze locked on the ground.
Evidently, the stage was set for a viral moment: West walked squarely into a sturdy sign, hitting his head with a thud, and then became frustrated indeed when the press kept on snapping away (and recording) amid the painful moment.
An ensuing exchange with a photog, who West approached and called on in colorful language to cease taking photos, made a media splash.
A decade and change later, the headache is gone in one sense but still throbbing in another.
Two years ago, French Montana incorporated the incident’s audio into “Where They At,” which released on Mac & Cheese 5 and features West; the seemingly inconsequential decision is in actuality significant.
Under U.S. copyright law, when one photographs a celebrity in public, he or she (the photographer) owns the rights to the image. Head injury or not, the captured subject (and others) must obtain a license if the objective is lawfully using the work.
At the intersection of this fact and the ease with which social posts can be published, recent years have delivered a number of infringement complaints centering on the allegedly unauthorized use of photos and videos.
Now, we can add an especially unique complaint to the list, as Bauer-Griffin, which bills itself as “a leading celebrity and breaking-news agency,” is suing over the alleged “flagrant and deliberate infringement” of the video and specifically the audio therein.
Like similar suits, there isn’t a ton of depth to the straightforward action, which was submitted to a California federal court. The way Bauer-Griffin sees the situation, the defendants lifted the audio despite knowing (owing to their firsthand experience with copyrights) that “they needed to have but did not have permission” to do so.
Furthermore, the defendants – also including producers Dem Jointz and BoogzDaBeast – allegedly “acted recklessly” with their “deliberate and intentional conduct.”
All told, Gamma, Vydia, Dem Jointz, and BoogzDaBeast are being sued for direct infringement, with West and Montana staring down a vicarious infringement claim. And on the relief front, Bauer-Griffin is seeking an injunction blocking the audio’s continued usage in “Where They At,” besides a pile of damages and “all profits” stemming from the track.
