The dispute and controversy surrounding Kendall and Kylie Jenner’s line of musically themed T-shirts is drawing to a close. The Jenner line boasted a plethora of major rick star names, including Notorious BIG, KISS, Ozzy Osbourne and Tupac Shakur to name a few, but it seems the Jenner’s didn’t ask for any permissions. Indeed most of the people featured on the T-shirts were not happy at all, and cease and desist letters followed from their legal representatives. The Jenners went onto adhere to the requests in the letters and removed the offending T-shirts from sale, claiming that the design of the T-shirts was “not well thought out”.
But Mike Miller, the photographer of the images of Tupac used by the Jenners, was even less happy. Tupac’s image may have been used, but he had never been approached by the Jenner’s or asked to consent to the use of his copyrighted pictures. In his claim it was stated that “at no times [had the Jenners] notified Miller that they intended to exploit his photography, let alone obtained his authorisation”. The representatives for the Jenners said the base T-shirts were obtained from a company licensed to sell them and went onto claim that new images had been over-printed onto existing unsold ‘vintage’ T-shirt stock and to that end there had been no [new] reproduction of Miller’s photo. Thus, the Jenners were not required to obtain permission from Miller and subsequently there had not been an infringement of Miller’s rights. All T-shirts were then removed from sale. Make of that as you will, but the dispute has now settled on undisclosed terms. The court filing says each side will bear its own attorneys’ fees.
By Sam O’Toole http://www.lawditmusic.co.uk/
http://www.completemusicupdate.com/article/jenner-sisters-settle-photographer-litigation-over-controversial-t-shirts/ and http://www.vulture.com/2018/04/kylie-and-kendall-jenner-have-settled-tupac-t-shirt-lawsuit.html