Copyright Law, Fall 2021

Breakout Session #3: LaChappelle v. Fenty

In February 2011, pop star Rihanna released a new single, “S&M,” a racy track that offered
sexual language and imagery as a commentary on her relationship with the media. The album
released was quickly followed by an equally racy video that received critical acclaim in some
countries and was banned in others. Industry insiders immediately commented on the similarity
between the video’s aesthetic and the work of fashion photographer David LaChappelle, who is
known for his subversiveness and his hyperrealist, vibrant aesthetic.

The images below offer a side-by-side comparison between some of LaChappelle’s images (left-
hand column) and frames from the Rihanna video (right-hand column). For larger versions,
please see Perez Hilton’s website. The full Rihanna video is available on YouTube; please do
note that it is somewhat NSFW.

1
LaChappelle eventually sued Rihanna (whose last name is Fenty) and her video production team
for infringement. His copyright claims survived a motion to dismiss, after which the case settled.

Imagine that the litigation is ongoing and that LaChappelle and Fenty have filed cross-motions
for summary judgment. Based on your assigned roles and on the infringement tests used in the
respective circuits, please outline the arguments you intend to make.

Group 1-: LaChappelle, with litigation underway in the Southern District of New York
Group 2: Fenty, with litigation underway in the Southern District of New York

Group 3: LaChappelle, with litigation underway in the Central District of California

Group 4: Fenty, with litigation underway in the Central District of California