Rock N Roll photog David LaChapelle is suing Rihanna for making a music video for a song called S&M that uses styling similar to some photos he once composed and shot. Of course, he doesn't point out that the scenes (and his photos) also all look pretty standard for the world of sado-masochistic fetishism. So, does LaChapelle have a chance in hell of winning the case? Cases of plagiarizing written words and/or songs are regularly successfully won, but cases regarding the visual arts are less successful (AP photographer vs. Shep Fairey, anyone?). The defense, of course, is "inspiration" and "homage".
Frankly, I'm conflicted. I make paintings. I have influences, and I wouldn't be surprised if most people could name them just by looking at the images I create. Should I be sued? Is the situation different for Rihanna? Yeah probably (especially since the video director, and not the singer, probably conceived the video). My gut is telling me that there is so much commonality in the world of S&M, and more than enough differences between the video and David LaChapelle's photos for this case to go nowhere. But then again, I ain't a lawyer...
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