Celebrity photo agency Backgrid USA is seeking $150,000 in damages.
The ghost of Halloween past has come back to haunt Katy Perry in the form of a new lawsuit.
Celebrity photo agency Backgrid USA has sued the pop star for copyright infringement over an Oct. 29, 2016, Instagram post that features a photo of Perry in a Hillary Clinton Halloween costume, documents filed with the U.S. District Court in California on Tuesday show. Because Perry failed to license the Backgrid-owned photo before sharing it with her 80 million Instagram followers, Backgrid alleges, she hurt “the existing and future market for the original Photograph,” resulting in “substantial economic damage” to the agency.
“The Photograph is creative, distinctive, and valuable,” the complaint reads. “Because of the subject’s celebrity status, and the Photograph’s quality and visual appeal, BackGrid (and the photographer it represents) stood to gain additional revenue from licensing the Photograph.” Backgrid further alleges that Perry failed to license the photo even after the agency corresponded with her through her reps numerous times between July 2017 and October 2019.