A UK-based photo agency has filed a lawsuit against Khloe Kardashian for posting a picture of herself on her Instagram account.
The complaint brought by Xposure Photos Ltd in the Central District of California at the end of April 2017 relates to an image captured by photographer Manual Munoz and licensed to The Daily Mail newspaper. Kardashian is alleged to have shared the photo of her and sister Kourtney dining at a Miami restaurant on Instagram on 14 September 2016 after editing out the copyright management information.
Xposure claims that by sharing the image with her nearly 67 million Instagram account followers the reality-TV star undercut the agency’s potential profits from its licensing agreement with The Daily Mail and the sale of the photograph elsewhere.
Xposure also argues that Kardashian’s use of the photograph on her Instagram account was commercial as she uses the social media platform for self-promotion. By publishing the photo, she gave her followers the opportunity to view an image, which they might otherwise have paid to see in entertainment newspapers. This harmed Xposure’s ability to capture the market for celebrity photos.
According to the suit, Xposure is seeking an injunction, US$25,000 (£19,000) in statutory damages for copyright infringement together with any profits Kardashian derived from reproducing the photograph.