NAS Being Sued by Photographer for Sharing Photo of Himself
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- Опубліковано 8 бер 2022
- This photographer suing NAS is wild. I have no idea how this is going to go but I'm very interested to see who wins. Even as a photographer myself, I think I'm on the side of NAS being allowed to share a photo on his personal Instagram as I don't think that constitutes commercial use or editorial. At least from what I've read so far. But hey, I could be way wrong.
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Dude I never thought I would see you talking about NAS on here 😂 what a story! You should do more photography related news things like this in the future!
Me neither 😂 I’d defo do more stuff like this, just gotta figure out the best way to find the news. This just happened to pop up because I follow Snoop on my dogs IG 😂
I agree (especially for just sharing on instagram), but I can understand the photographer wanting to protect his work. I took a photograph years ago of a rapper named Malik B. who unfortunately passed away in 2020. I didn't know it, but he was using this photograph on his Facebook page and when he died it was the photo that his family provided the AP for coverage about his death. So, not only was this photo I took being used all over the news (CNN, New York Times, ABC, etc.) but it was also misattributed to another photographer. I was finally able to contact somebody at the AP and prove that I was the person who took the photo so they could update it and give me credit, but that's an understandable headache to want to avoid. I can especially see it in the case of this guy after he had to stop other people from stealing his work in the past.
Wow, James. That sounds like a headache. I’d want to be appropriately credited too. Kinda cool if that was your first time being able to say your image was featured on the news though.
It would need to be bought from Getty. They do clearly state that you can't use certain images that are editorial for commercial. Do this every day at work. It's very grey. You pretty much nailed it. I think NAS should just have credited the photographer. Interesting to see how it develops, no pun intended.
Thanks Tony! Glad my understanding of it was about right. Absolutely agree that crediting the images being shared is important too.
I think you're correct with the editorial/commercial distinction, although in the UK there may be differences. Copyright law here is just incapable of coming to terms with the modern world in many ways. I think the sensible thing would have been to credit the photographer for the pic used as an instagram post, which may not have been the "legal" requirement, but it would at least have shown one creative showing respect for the work of another. But maybe in the celebrity world those papped feel themselves on different (opposing?) sides to the pappers. Complex problems with many arguements.
Yes, I’m not sure if he was credited or not. I imagine not. I just hope these complexities don’t land us in a world where we can’t repost great photographers anywhere for fear or repercussions.
I agree with Tony Ebikeme Jr, NAS should have credited the photographer. I think that's the problem, we'll see. JT
I’m not entirely sure if NAS credited him or not. I couldn’t find the original post. Will have to read a bit more/wait for the verdict.
this story is wild lol....
I’m sitting here with my popcorn ready for it to pop off 😂
To me it's pretty simple, if you did not get the rights to use it, then you don't have the rights to use it. How to get the rights can vary. In this case the rights were not obtained from the rights holder.
Fair use can come into play as well as damages. If it was not used for commercial purposes and no financial gain was made, then the fines may be less.
As the owner of the photo, if the rights are not fought for, then they could be lost. So it is a matter of protecting those rights as well. If nothing else, the photographer is helping to educate people on what their rights are.
If sharing it on his personal Instagram is deemed unlawful, the result would sound like popular culture being driven to a halt. Kids couldn’t make artist tracks go viral on TikTok because they didn’t have the rights to use their songs, it’s a double edge sword.
I don’t know if nas at least credited the photographer but I think that’s the minimum for sharing on a personal account
@@TheLiamGordon that's where fair use can come into play.
But NAS is famous. His IG may have been used to earn him money. Using that photo of someone else could be used by NAS for some form of monetary benefit. Is it fair that the owner of the image loses out on monetary gain that came in part from that image. Now if NAS never used his IG for any commercial purpose, then he will likely not have much of a fine. But that if for the courts to decide.
If I used the image on my IG, for one, no one would have seen it, it's never been used for monetary gain, so if the photographer even found out about it, they would have no motivation to sue, but they still might at least ask me to remove it.
@@malmedia sorry, I’m not particularly familiar with fair use laws.
I don’t think it should matter if he is famous or not as long as it’s a personal account. But what do I know 🤷♂️ and you’re right, there’s a good chance he’s at least mentioned an album or tour on there.
Of course his large following is clearly how they are going to justify the damages. It all just feels like rocky ground and I hope it doesn’t create a hostile environment towards photographers. Even if our rights are reinforced, I worry about the chances of being found organically being diminished.
The photo has been in circulation on social media for a good while. I've had it on my phone for a few years.
Unfortunately, this is legal because photographers have rights to the photo they took but it’s a delicate relationship because they rely on these subjects for exposure and income. Regardless of whether they provided permission, if they were out in public (like you said) then they aren’t entitled to privacy. Can’t remember for sure which case I was watching about but Gigi Hadid had the same issue and a few content creators spoke about it as well.
I definitely think there’s a symbiotic relationship there. Photos promote the artist and are used in pop culture. Artists blow up because their music is shared freely by kids on TikTok. The breaking point is always advertising or commercial use of course.
I agree using a photo on a t-shirt is definitely a copyright infringement. On the other hand, posting it on Instagram is a bit of a reach especially if you’re the subject in a public setting. Maybe the photographer is thinking he’d like to collect some extra income 😅
Yes I think collecting some “damages” and the accompanying news coverage could be a motivator. Maybe 🤔
What really leaves a bad taste in my mouth is that these international successful artist are attacking other artists(photographers) over their work. If I use Nas music to promote my work I am infringing on his copyright and could get financially reprimanded but they can use photographers work whenever they want no questions asked? Nah that's not right and it really just shows you that they don't see photography as an art.
This is where the commercial use comes in. You can’t promote your work with nas music but you can make an Instagram reel or TikTok with his music and post it on your personal account. If he posts a photo on his personal account and it’s not being used to promote anything, it seems like a similar situation to me.
The difference here is you and Nas didn't make a song together....if you did it would be ridiculous if you couldn't use the song to promote your work. In the photos case, both the photographer and Nas made the art, therefore I think Nas should be able to share it. I think your example would make more sense if say Nas tried to use a photographers work that didn't have anything to do with him. But if you know Nas, let him know he can share my work on his IG anytime he wants :)
@@christosstreetphotos The photo in question was outside a club while they were leaving. This wasn't a studio collab neither.Pereira caught a moment in history in a public setting. It was then copyrighted. Wanna use that photo even if your in it, you need permission full stop.
The way these celebraties are coming at us is crazy as well. let's say we were out taking street photography and you got a banger but find out later someone famous is in their and wants you to pay up for their likeness. Dude that would kill off street photography in any major city and would create a major freeze in the photography space even as an ameture because of possible major headaches.
As what has been said in this comment section already, I do believe that theirs a symbiotic relationship between the two professions. I do think theirs a middle ground but in this case not even credit was given, not that he can do anything with said credit anyway.
@@silverfang612 As long as we have the 1st amendment, Hollywood can try to sue all they want but as long as we are taking photos in a public space there's nothing they can do. I would seriously doubt that would ever happen, not even worth worrying about.
Ya, he should at least give credit for the photo, that much I agree with. Could possibly lead to opportunity in the future. I guess it's different when you get paid as a professional doing this type of work rather than as a hobbyist. For me, I don't care if someone uses my photo...I'd be honored if someone liked it enough to share it....but again it's not how I make a living.
As far as the copyright of the image, very few people would care about the image unless famous people were in it...hence I think Nas should be able to use it since as you say...it's part of the symbiotic relationship. I understand the legalities, I just don't agree with it.
1) I don't really think Paps are artists.
2) Where's your line of fair use? By your metric pretty much everybody who has posted an image online is liable for being sued.
3) Last I checked people on tiktok are not getting sued for posting a tiktok that uses a song.
Good vid.
Thanks, Neill!
Photographers like this give photographers a bad name. NAS was not selling the photo as in the previous example but simply posting it to his personal page. If that opens you up to being sued then pretty much everybody who has ever sent a meme or posted a picture they have found online is liable to be sued.
Don't be this kind of photographer.
Couldn't care less...they got money
2pac family should be the one suing
Would make it even more interesting if they did.