Updated as of 6/28/22: Lisa Rinna and agency Backgrid have reached an undisclosed settlement in this case, which allows each side to avoid a court trial that was scheduled for July 2022.

Who owns the photograph of a celebrity, the photographer or the celebrity? The question has been creating a number of lawsuits after well-known figures—seemingly unaware of the Copyright Act that gives ownership to the creator—have shared images of themselves on social media. Backgrid, an agency representing a number of celebrity photographers, filed a lawsuit against Lisa Rinna for $1.2 million, after she posted eight images of herself and her daughters to her Instagram page (with 3.4 million followers). Now, the actress is speaking out. But at what cost to photographers’ rights?

According to the lawsuit filed by Backgrid, Rinna used at least eight watermarked paparazzi photographs to sell her beauty products and promote her tv series Real Housewives of Beverly Hills on social media. The agencyargued that “each posted photograph elicits thousands, and frequently, hundreds of thousands of comments from fans. Moreover, the account is not private, so anyone, including those who do not ‘follow’ her account, has access and can view the uploaded photographs, including the photographs at issue in this lawsuit.”

In a recent interview with the Los Angeles Times, actress Rinna says Backgrid has “weaponized the Copyright Act.” Known for her work in The Real Housewives of Beverly Hills, Days of Our Lives, and Melrose Place, Rinna says she had had a good relationship with the press. She called it “symbiotic” and added that she would have paid a nominal fee but felt the $1.2 million for the eight images was too much. 

[Read: Former Baby on Nirvana’s Nevermind Album Cover Sues Photographer and Band]

Rinna isn’t the first to face legal trouble for posting images of herself. Dua Lipa, Jennifer Hadid, 50 Cent, Jessica Simpson and others have all faced legal trouble in recent years for posting images of themselves without permission. It’s a change that many attribute to the growth of social media. Celebrities want to promote themselves, yet an image that hasn’t been seen before is often considered more valuable to publications that purchase paparazzi images. 

In the U.S., copyright is given to the creator, unless there’s a legal agreement in place that gives the rights to the creator’s employer or agency. For example, after a similar lawsuit, Kim Kardashian hired her own personal photographer. Photographers can seek between $750 and $30,000 for copyright infringement, if the work is in fact registered with the U.S. Copyright Office. If photographers can prove “willful” (or knowing) infringement, that amount goes up to $150,000. 

[Read: Judge Sides with Photographer in Instagram Embed Lawsuit]

Images can be considered fair use if shared for specific purposes, including news in some instances. Rinna’s legal team is arguing that her use of the images fell under fair use. Previous court cases have argued that sharing an image on social media is commercial use. Sponsored social media posts are common for Instagrammers with a large following, including celebrities. Other cases have argued that celebrities have a “right to publicity,” which is a law in only some states concerning how a person’s likeness can be used commercially. 

The lawsuit against Rinna is ongoing. 

Related Reading:

Fair Use or Copyright Infringement? Analysis of the LeBron James Social Media Lawsuit

6 Copyright infringement Cases Photographers Should Know About

Photography Business and Copyright Trends