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Summary: Kylie Jenner, who attempted to copyright her name, has been accused of copying an LA-area makeup artists photos for her cosmetics line.
Kylie Jenner could be headed to the courtroom. Jenner has been accused of misappropriating the imagery of Vlada Haggerty for her Kylie Cosmetics collection. The reality TV star has already taken some action to distance her line from the Los Angeles-based makeup artist’s work. At this point, Haggerty is threatening litigation but has not officially taken action.
Haggerty cannot claim infringement because someone copies the ideas of her work like placing deep red lipstick on a pale woman. Her only argument falls on the fact that the expressions of ideas are protected by copyright law. She can claim copyright infringement based on the notion of derivative works.
Copyright law gives exclusive rights to the creators of “original works of authorship fixed in a tangible medium.” The law provides protections for the creators of books, poems, photographs, paintings, song lyrics, sculptures, etc. that are put into a form that is more than just transitory. The level of “originality” required for protection of copyright law is low. Under this protection is the right to prevent others from making “derivative works.”
One could believe that Haggerty’s work was inspired by a Guy Bourdin piece in 1970. However, her piece is different enough to warrant copyright protection of its own. Jenner’s piece is border line. Her piece lacks new expression from the original.
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Jenner’s response to Haggerty’s claims was to remove any images of issue from the Kylie Cosmetics Instagram account. She first added “Inspo by @vladamua” to the specific photo in question but then later deleted it. Haggerty added that she has been accused of copying Jenner, “I still get a lot of comments saying that I am copying Kylie and that I’m ripping her off which is very frustrating and is damaging for my brand.”
Do you think Kylie Jenner would copy someone else’s photo? Tell us in the comments below.
To learn more about Jenner’s legal troubles, read these articles:
- Kylie Jenner’s Legal Team Demand Owners of Fat Loss Billboard to Stop Campaign
- Kardashian and Jenner Families Can’t Get Away from Lawsuits
Photo: flickr.com
