Oscar selfie tweet raises copyright questions
Ellen DeGeneres has made the photo taken at the Oscars the most retweeted image ever, but does Bradley Cooper own the copyright?
March 05, 2014 at 06:54 AM
3 minute read
The original version of this story was published on Law.com
It's hard to pinpoint the highlight of the 86th Annual Academy Awards telecast. It could have been the gripping 12 Years a Slave winning Best Picture. It could have been the breezy, charming acceptance speech by Best Actor winner Matthew McConaughey. It could have been the moment when host Ellen DeGeneres ordered pizza for the assembled stars to nosh on. Or, it could have been the epic selfie that included Hollywood stars such as Kevin Spacey, Brad Pitt, Jennifer Lawrence and a half dozen others.
That image has become the most retweeted post in the history of Twitter, and is emblematic of the fun, in-touch humor that the Academy is trying to promote. But, as thewire.com points out, the intellectual property rights to the image in question may be a bit fuzzy.
The Associated Press used the photo for editorial purposes after obtaining permission from DeGeneres. But not so fast. Entertainment lawyer Ethan Kirschner told The Wire that DeGeneres may not own the copyright on that photo. This is because it was former Alias star Bradley Cooper who actually took the photo. Kirschner stated that, since personal cameras became commonplace in the 20th century, the courts decided that photo copyrights should be given to the person who actually took the photo on his or her camera.
If Cooper did decide to take DeGeneres to court on this matter, as the photo could be considered a collaborative artistic effort, and many of the stars involved could conceivably stake a claim. One other entity that might have a say in this matter is Samsung, which has an advertising deal with the Academy and possibly prompted DeGeneres to use its technology to take the photo, though it is unclear if the company had an agreement in this matter. The final player in the matter is Twitter, which maintains the right to publish the copyrighted material.
The good news is, this is likely a purely academic argument, as the players involved don't seem likely to sue each other anytime soon. Though, if they do, you can count on a host of retweeted selfies shot in a California courtroom.
Related stories:
IP: Keeping your company's information confidential in today's world of due diligence
Technology: Warning, wearing Google Glass may cause legal headaches (Part 2)
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All‘Facebook’s Descent Into Toxic Masculinity’ Prompts Stanford Professor to Drop Meta as Client
6 minute readApple Disputes 'Efforts to Manufacture' Imaging Sensor Claims Against iPhone 15 Technology
OpenAI Hires First Compliance Chief, Snagging Uber's Scott Schools
Trending Stories
- 1Midsize Firm Bressler Amery Absorbs Austin Boutique, Gaining Four Lawyers
- 2Bill Would Allow Californians to Sue Big Oil for Climate-Linked Wildfires, Floods
- 3LinkedIn Suit Says Millions of Profiles Scraped by Singapore Firm’s Fake Accounts
- 4Supreme Court Agrees to Hear Lawsuit Over FBI Raid at Wrong House
- 5What It Takes to Connect With Millennial Jurors
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250