Court Refuses to Dismiss Photojournalist’s Complaint Against Clothing Company for DMCA Violation

Photojournalist Matilde Gattoni filed a lawsuit against the clothing company Tibi on the grounds of copyright infringement and violation of the Digital Millennium Copyright Act (DMCA). Gattoni alleged that Tibi had posted part of one of her photographs on its Instagram page along with the caption “Palette” and a camera emoji, and also tagged her Instagram handle without her permission (side by side comparison below, with Gattoni’s original photo on the left).