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  • Henry Park

Justice delayed

Gigi Hadid delayed the inevitable. Earlier this year, she was sued for posting a copyrighted image on herself to her Instagram account (Xclusive-Lee, Inc. v. Jelena Noura “Gigi” Hadid, 1:19-cv-00520 (E.D.N.Y.)) (a copy of the Complaint is hosted on

Unfortunately for the plaintiff, the U.S. Supreme Court decided Fourth Estate Public Benefit Corp. v., LLC (139 S.Ct. 881 (2019)) soon after the plaintiff filed the complaint (see Google Scholar link). In Fourth Estate, the Supreme Court ruled that a copyright holder must have a copyright registration certificate before they can file a lawsuit. Because the plaintiff did not have a copyright registration certificate when it filed the lawsuit, the case was dismissed.

Thus, the real question of whether Gigi infringed the copyrighted image was delayed.

Image is from Exhibit 1 to the Complaint.

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