BDSM MEDIA NEWS!!!!
24 july 2011
David LaChapelle’s “S&M” Suit Against Rihanna Moves Ahead
Source: idolator.com - Idolator.com - USA
USA - So remember that lawsuit
, photographer David LaChapelle filed against Rihanna waaaaaay back in February, where he alleged the various similarities between her “S&M” video and his own work depicting titillating scenes of bondage? Turns out the New York City US District Court has refused to dismiss the case, which means it will now move ahead to a pretrial conference in August.
Photo District News, reports that Judge Shira A. Scheindlin noted that LaChapelle made a plausible claim for infringement “because the video appeared to copy protectable elements of his images.” (Protectable elements, says the site, exclude the idea and subject matter, but include factors that contribute to the originality or expression of the subject: sets, wardrobe, lighting, camera angle, mood, etc.)
More legal mumbo jumbo from the decision:
…the court pointed out that the video’s “Pink Room Scene” and LaChapelle’s “Striped Face” photograph both feature women dominating men in a domestic scene. That subject is not protectable, the court noted, because “the subjects flow naturally from the chosen idea” of sadomasochism.
But the particular way that Rihanna’s video portrayed the scenes-including the set, wardrobe, “generally frantic mood” and lighting-was “substantially similar” to LaChapelle images, even if all the details were not identical, the court concluded.
“Both works share the frantic and surreal mood of women dominating men in a hypersaturated, claustrophobic domestic space. Thus, I find that an ordinary observer may well overlook any differences and regard the aesthetic appeal of “Striped Face” and the “Pink Room Scene” as the same,” Judge Shira A. Scheindlin wrote in her decision.
But while the judge dismissed RiRi’s “unavailing” fair use defense, she also dismissed LaChapelle’s other claims, including trade dress violation and unfair competition claims.
When all was said and done with “S&M,” the single ended up topping the charts in the US, Canada and Australia, and hit the Top 10 in other countries, such as the UK, France, Sweden and Germany.
Let’s just hope Rihanna saved her pennies from her hit, because she may just need them to settle out of court with David LaChapelle if she wants to avoid having her day before the judge.
We suggest leaving the riding crop at home, Ri, if the latter does come to pass.
