Social media stars who use murals as a backdrop for sponsored posts are in the crosshairs of artists who claim infringement: 'I have had about a dozen of these cases already this year.'
Social media stars who use murals as a backdrop for sponsored posts are in the crosshairs of artists who claim infringement:"I have had about a dozen of these cases already this year."
Sources say the going rate for an Instagram paid post is up to $500,000 to $1 million for an influencer with 100 million-plus followers , while someone with 15 million to 20 million followers might bring in $100,000 to $250,000. Street art is ubiquitous, and even a cursory search on Instagram returns results for problematic images. "My guess is, you're going to see a couple influencers get hit hard," says Stephen Doniger, a prolific copyright lawyer.
When it comes to Instagram-bait like the wings, entertainment litigator Jeremy Goldman argues there may be an implied license. "The context suggests there shouldn't be liability when an artist is luring people to photograph their artwork for the purposes of social media," says Goldman. "I don't think it's necessarily fair to draw the line that 'I'm OK with nobodies, but influencers don't get to participate in the trend.
"We’re reading the tea leaves," says Kimberly Almanzar, a litigator who specializes in art law. "All of these cases thus far have settled and you don’t know what went on behind the scenes, but I think those are wins for the artists. I think if these companies thought they could win these lawsuits they would continue litigation."
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