Robert O'Neil sued Emily Ratajkowski after she posted in an Instagram story a photo he took of her outside a Manhattan flower shop, which she says was intended as a commentary on being harassed by paparazzi
U.S. District Judge Analisa Torres on Tuesday issued a split opinion.
But, that doesn’t necessarily mean his suit will be successful. Torres also found it’s premature to determine whether Ratajkowski’s post was a fair use and denied both motions for summary judgment as to that issue. “A reasonable observer could conclude the Instagram Photograph merely showcases Ratajkowski’s clothes, location, and pose at that time — the same purpose, effectively, as the Photograph,” writes Torres in the order, which is embedded below.
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