Khloe Kardashian is being sued for sharing a photo of herself on her own Instagram account.
According to a lawsuit filed in California court on Tuesday, Kardashian is being sued by the U.K. photo agency Xposure Photos for copyright infringement after allegedly posting a paparazzi photo on Instagram without permission and removing the credit.
The photo, which Kardashian posted on Sept. 14, was taken by Manual Munoz as outside of a Miami restaurant as Kardashian and her sister Kourtney were heading to dinner. According to the suit, the photo is part of a series licensed to the Daily Mail a day prior.
“Defendants’ unauthorized use harms the existing and future market for the original Photograph,” the claim reads. “Kardashian’s Instagram post made the Photograph immediately available to her nearly 67 million followers and others, consumers of entertainment news–and especially news and images of Kardashian herself, as evidenced by their status as followers of Kardashian–who would otherwise be interested in viewing licensed versions of the Photograph in the magazines and newspapers that are plaintiff’s customers.”
Xposure is asking the court for up up $25,000 in damages, as well as “all profits derived from the unauthorized use of plaintiff’s Photograph.” The suit argues that Kardashian’s use of the photo was a move that she would inherently profit from due to her celebrity status.
“Defendants’ unauthorized use is commercial in nature. Kardashian uses her Instagram feed for the purposes of promotion … every one of Kardashian’s Instagram posts is fundamentally promoting something to her 67 million followers.”
Pamela Chelin contributed to this report.
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