The Agency claims the picture was captured by Elder Ordonez. However, the lawsuit filed in California federal court and argued “The Photograph is creative, distinctive, and valuable,” “Because of the subject’s celebrity status, and the Photograph’s quality and visual appeal, plaintiff and the photographer it represents stood to gain revenue from licensing the Photograph.
“But the defendant’s unauthorized use harms the existing and future market for the original Photograph.” In the filed Lawsuit it further states, “Specifically, Lopez or someone acting on her behalf copied the Photograph and distributed it on Instagram, via the @jlo account, on a story posted November 7, 2017.” The document continues, “The Instagram post made the Photograph immediately available to Lopez’s tens of millions of followers and others, consumers of entertainment news — and especially news and images of Lopez herself, as evidenced by their status as followers of her — who would otherwise be interested in viewing licensed versions of the Photograph in the magazines and newspapers that are plaintiff’s customers.”
The company is seeking $150,000 in damages related to the infringement of copyright. This is not the first instance where a celebrity was being sued for posting their own picture there are many notable examples like Ariana Grande, Khloe Kardashian, and Gigi Hadid all were dragged to the court for the copyright infringement lawsuits.