That way, he could more accurately track how much profit was made from the images through newspaper or magazine sales. He really should be suing publications that used them without his permission. If Grande hadn’t publicly posted the photos to her Instagram, magazines and newspapers could have bought the photos from him directly instead of being able to screenshot them. It would be more reasonable in Barbera’s case to determine how much money he lost from not being able to sell the photos of Grande to publications.
Therefore, if Grande does lose this case, she’ll most likely be paying Barbera $50 grand.
Regardless, I have no idea how one could even track if the post impacted album sales or streams without a link.
Go stream or buy it” like most album promotional posts read. The caption “happy sweetener day” hardly screams “ sweetener out now everywhere. And even then, the post didn’t include a link to buy the album nor did the caption even use language having to do with album sales. The only way Barbera could argue that Grande profited from the photos is if she could prove that the post was directly linked to Grande’s album sales. So, unless Grande’s label or anyone else involved in album sales of Sweetner paid the singer to post those photos, I don’t think she profited from them directly. These type of transactions are known as paid promotions and usually have the hashtag #ad or #paidpromotion attached to the caption. The way people make money off of Instagram is when a company pays celebrities or influencers to post a photo mentioning or picturing a product or service of some sort. Instagram doesn’t pay celebrities to post photos, regardless of how many engagements they get. This is because this particular post was not sponsored by any company or product that would pay Grande for the post. However, I’m kind of confused as to how Grande necessarily profited from the photos. Grande is being sued by Barbera for either the profits Grande earned from the photos or $25,000 for each picture, according to BuzzFeed News. However, since Grande did not have authorization from Barbera to post these photos, her Instagram post has turned from an album promotion to evidence in court. You could consider this post as a way for Grande to promote her album, and it most likely was. On August 17th, Grande posted the photos on the day her album Sweetener was released, captioning it, “Happy sweetener day”. However, the copyright law protects the work of photographers just like it protects works of art.Īccording to BuzzFeed News, the photos Grande posted were taken by Robert Barbera last year as Grande was walking out of a building in New York carrying a bag that read “Sweetener”, the title of her latest album at the time. It seems crazy that someone can sue her for posting a picture taken of herself. Ariana Grande is the latest celebrity being sued by a paparazzi photographer for posting photos of herself on Instagram.
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