The kind of absurd cyclic nature of this lawsuit … a photographer took a picture of Katie Holmes and posted it to Instagram and then Chrissy Teigen saw it and posted it to her Story with a comment (ahem, Fair Use), and is now being sued by the photographer? Here’s the deal, sure you’re a celebrity so there is additional leeway in allowing others to take pictures of you (if someone took my picture without permission and then tried to copyright it, well, I could likely sue them as I did not grant them permission). BUT for a photographer to take a picture of someone else without their permission, post it to a public platform (that has Terms of Service that says the company can use your posts to train their AI without your permission) and then sues someone else for doing what people do on the platform you posted to — highlight a post in a Story and comment, it reaches a certain level of trolling, IMO. We’ll see if a judge rules this infringement. I could be wrong. But I think this one may fall under Fair Use. And maybe photographers who don’t want their photographs posted to Stories on IG shouldn’t post them on IG. Just saying.
