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Royal Photographer Sues at Clothing Store for Unauthorized Diana Image

Royal Photographer Sues at Clothing Store for Unauthorized Diana Image
Photo: Petapixel

Royal Photographer Sues at Clothing Store for Unauthorized Diana Image

The memory of Princess Diana continues to resonate decades after her tragic passing, and her image remains valuable currency in the world of commerce. Now, a legal battle has erupted over the unauthorized use of one of Diana’s most iconic photos, taken by royal photographer Glenn Harvey, sparking questions about ethical boundaries and fair compensation.

Harvey recently filed a lawsuit against menswear retailer Bruce Baird & Co., accusing them of using his photograph of Princess Diana without permission on their website and promotional materials. The picture, taken in Scotland in 1985, portrays a radiant Diana in a casual pose, and holds significant sentimental value for Harvey, having captured a key moment in her life.


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Harvey, with backing from Getty Images, is seeking an injunction to remove the image from the store’s website and compensation for unauthorized use. He argues that Bruce Baird & Co. profited from his intellectual property without due recognition or payment, diluting the image’s value and undermining his rights as the photographer.

The clothing store has yet to offer an official response to the lawsuit, but legal experts predict they may argue for “fair use” of the image under copyright law. This defense typically applies when copyrighted material is used for criticism, commentary, news reporting, or teaching purposes. However, in this case, the use of the image appears purely promotional, potentially weakening their claim.

This incident raises broader questions about the ethical use of celebrity images and the power dynamics between corporations and individual creators. The lawsuit also highlights the complexities of copyright law in the digital age, where images can be easily circulated and repurposed without consent.

The court battle could result in several scenarios:

  • Settlement: Both parties may reach a financial agreement for image usage, potentially including a public apology from the store.
  • Injunction: The court could order the store to remove the image, setting a precedent for unauthorized use of celebrity photos.
  • Trial: If no settlement is reached, the case could proceed to trial, which could establish important legal principles regarding copyright and fair use.

Diana’s Image Endures:

Regardless of the outcome, this lawsuit demonstrates the enduring power of Princess Diana’s image and the continued demand for ethical practices in the commercial use of celebrity photographs. As copyright laws evolve and public sensitivities towards privacy heighten, this case will be closely watched for its potential impact on the industry and the protection of creative work.

(Source: PetaPixel)

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