Jennifer Aniston Topless Photo Lawsuit

The Perez Hilton blog has been sued over the publication of a topless photos of Jennifer Aniston

The online publication of a topless photo of Jennifer Aniston has triggered a lawsuit against gossip blogger Perez Hilton. According to a copyright infringement complaint filed yesterday against Hilton (real name: Mario Lavandeira) by Universal City Studios, the Aniston photo came from footage shot during filming of “The Break-Up.” The footage, the studio charges, was stolen during production of the 2006 comedy, which starred Aniston and former boyfriend Vince Vaughn. The shot of Aniston, 38, was not included in the final version of the hit film, which grossed $118 million last year. Attached to the studio’s complaint is a copy of the revealing Aniston image, though Universal lawyers placed a “redacted” mark over the actress’s breasts (as can be seen below). The lawsuit against Lavandeira, 28, seeks an injunction barring further distribution of the picture and requests a court order “directing the U.S. Marshall to seize” the copyrighted material from the blogger.

Gone Hollywood earlier received an email entitled “Demand for Removal of Jennifer Aniston Photos” from Edward A. Ruttenberg, Esq., the attorney representing Universal Studios. We have removed the photos in question under protest. As I emailed Mr. Ruttenberg,

I must say, however, a policy of treating the promotional use of promotional photographs as a copyright violation is an odd practice. Certainly, many sites use these types of photographs on a routine basis without any such claims being made.

Furthermore, the suggestion that digital images widely available on the Internet are somehow “stolen” is absurd. Indeed, the existence of topless photographs of a public figure has obvious news value.

We obviously don’t have the legal resources of a major film studio, though, and aren’t in a position to contest these things in court. Lavandeira is, however. I hope he prevails.

It’s quite legitimate for stars to sue papparazzi who take photos of them on their private property or for studios to protect their copyrights. It’s far from clear, though, how the publication of digital photographs not being offered for sale harms the studio’s interests.

Hat tip: Lawhawk

UPDATE: E! has more details:

Hilton’s legal camp is saying, however, that the picture was just as available for viewing on other Websites, and that because Hilton published the picture “for the purpose of commentary and satire,” his actions constitute fair use.

“It is unfortunate that Universal has chosen to bring this lawsuit as our client has done nothing wrong,” attorney Bryan Freedman said in a statement obtained by E! Online, adding that the brazen blogger did take the Aniston picture down when he finally learned of Universal’s request. “Apparently, Universal’s notice was sent somewhere in Arizona rather than to our client directly, and when our client received direct notice, in good faith, our client removed the picture notwithstanding the right to the fair use of the photograph.”

“Our client questions whether this lawsuit was in fact motivated by Ms. Aniston as a result of her disdain for viewpoints expressed about her on the site,” Freedman continued, referring to the fairly catty tone Hilton, 28, generally takes when commenting on the former Friends star, going so far as to refer to her as “Maniston.” “Otherwise, there seems to be no reason to single our client out when, as Universal and Ms. Aniston know, the picture was published on numerous Websites before any publication on our client’s site,” Freedman said.

Interesting.

Popularity: 19% [?]

Jennifer Aniston Topless Photo Lawsuit

ADVERTISERS

TOPICS

AFFILIATIONS