Technology has amplified the way content is produced, distributed, and consumed globally. From Instagram reels to YouTube snippets and TikTok trends, it has provided worldwide access to creative works. However, it has also significantly increased instances of copyright infringement, particularly in digital spaces where content fuels brand awareness, innovation, and income.
Nobody is excluded from this global phenomenon; only those who are legally literate have been able to survive by protecting their creation, while those without legal knowledge pay the price regardless of their social status. A good example of this is the latest lawsuit Jennifer Lopez faces.
This article aims to unpack the intellectual property rights behind ownership and personal rights from the situation, enunciating protective mechanisms for creatives, celebrities and the general public.
Background: The Case Against Jennifer Lopez
Jennifer Lopez, an American singer and actress, was sued for copyright infringement on January 5, 2025. The lawsuit was not for a violation of copyright relating to a new song or film, but for two photographs she released on social media that were massively reshared by fans and celebrity websites, which, as it turns out, have a disputed intellectual property right.
Although Jennifer Lopez was the one in the pictures, the photographers, Edwin Blanco and the media agency Backgrid USA, asserted they owned the copyright to the images. They brought the action against Lopez for promoting fashion brands and designers with which she is affiliated, using the pictures for which they own the copyright.
Under U.S. Copyright law, just as in Nigeria, the photographer, not the subject of the picture, owns the copyright of the pictures taken. This is according to Section 28 of the Nigerian Copyright Act. The situation will however be different if the photographer is commissioned by the individual to take the photograph, as the copyright is intended by the parties, pursuant to their agreement to vest in such an individual, the latter situation is given statutory backing by Section 28 (3) of the Nigerian Copyright Act.
Ms Lopez allegedly violated the above rights by using the disputed pictures without authorisation from the alleged owners of the copyright or without paying a licensing fee. The photographers, alleged owners of the intellectual property rights in the picture, have therefore sued her for up to $150,000 per photo.
Ms Lopez is not the first celebrity to be sued for uploading photos of themselves, which allegedly breached the intellectual property rights of photographers/ media companies. Gigi Hadid, Justin Bieber, and Khloé Kardashian have all faced similar lawsuits.
This repeated occurrence is simply not a celebrity mishap, rather, it is a painful reminder of the lack of understanding of copyright and intellectual property rights and how important it is to understand and respect copyright law in the digital age.
Key Lessons
- Being in a Photo Does not Mean You Own It.
It may be rational to assume that because Jennifer Lopez is the subject of the photograph, hence, she should own it. However, this is not the way copyright law works. The individual who takes the photograph owns the copyright, unless the photographer and the subject in the photograph sign a work-for-hire contract or the latter takes a license from the former to use the photograph.
Key takeaway: If you did not take the photo or commission it with explicit rights transfer, it is not legally yours to use, regardless of whether it features your face, your body, or your event. Before you post, always ask permission from the creator.
- Social Media Is Not a Copyright-Free Zone
Social media has become a part of our everyday life, it only follows that laws are made to protect the intellectual property of individuals. However, many people believe that content on social media is free, and there is no enforceable ownership of such content. This cannot be further from the truth, accessible content is not necessarily legally free for usage.
Key takeaway: Before reposting or remixing a video, photo, or song, confirm you have the legal right to do so. Although social media channels are public, copyright still governs what is posted there.
- Avoid Using What is not Yours for Commercial Use
Jennifer Lopez was not just posting for fun, she allegedly used the images to promote fashion brands. That commercial angle significantly increased the seriousness of the alleged infringement and potentially, the accruable damages to be paid for wrong usage.
Key takeaway: Using someone else's content in a business context, whether to market products, build a brand, or monetise engagement, requires proper licensing or permissions from the owners of such content. Personal use may sometimes fall under the "fair use" exception, but commercial use rarely does.
Also read: Learn the Rules of Online Engagement: Introduction to Defamation, Privacy, and Cyberbullying
- Ignorance Is Not a Legal Excuse
Many people assume that their lack of knowledge of the law will shield them from its consequences. However, ignorance is no defence in copyright cases, just as in other legal matters. Everyone, including individuals and businesses, is expected to understand and comply with the law.
Key takeaway: Consult with a legal expert on the provision of copyright and intellectual property law.
- Credit is not Permission
A common myth is that giving credit to the original creator protects you from copyright infringement. While it is ethical and respectful to credit artists, credit alone does not override the need for express legal permission to use the content of another person. An individual can still be sued for interference with intellectual property rights despite giving 'credits' in the alleged infringement.
Key takeaway: Tagging or mentioning the creator does not substitute for licensing or written consent. Always ask before using content, especially if you plan to commercially benefit from such usage.
- Licensing Is Cheaper Than Lawsuits
Jennifer Lopez is being sued for $150,000 per photo. She might have avoided spending by simply obtaining a usage license. In many cases, a license costs far less than the penalties of copyright infringement.
Key takeaway: Paying for a license may seem unnecessary, especially when you find content online for free. However, that small fee could save you hundreds of thousands in legal damages.
Conclusion
Knowledge of copyright and intellectual property rights law is not an option in the digital age of content production, where content of all types is money; it is rather a necessity. These lessons apply to everyone, whether you are a global superstar, a freelance photographer, a business owner, or a Nigerian TikToker.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
