Photographer David LaChapelle has survived the first hurdle in his lawsuit claiming pop star Rihanna copied his photographs to create the music video “S&M.”
Although some allegations against the singer have been dismissed, a New York federal judge is allowing LaChapelle’s main claim for copyright infringement to proceed to trial.
LaChapelle sued the singer, Def Jam Records and Black Dog Films in February with allegations that eight scenes in “S&M” were directly lifted from his work. The video portrays Rihanna’s supposedly sadomasochist relationship with the press.
Upon review, New York Judge Shira Scheindlin finds that LaChapelle has successfully alleged facts to support a charge of actual copying. The plaintiff had pointed out that storyboards for the music video contained his photographs and that the two artists had collaborated with each other previously.
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