On one hand, Rihanna’s “S&M“ video lawsuit is headed to trial. On the other hand, you know it’s going to be the sexiest trial of all time. “I find that an ordinary observer may well overlook any differences and regard the aesthetic appeal…as the same,” judge Shira Scheindlin wrote in a response to photographer David LaChapelle‘s claim that RiRi’s video ripped off his work. Judge Scheindlin also decided that certain “angles, poses and lighting” could potentially violate copyright law, as well as remarked that Rihanna’s “fair use” defense of the video was “misguided,” though we would like to add it is also “very cool” and “made us want to buy a latex cocktail dress.
While some of his allegations were tossed out of court, LaChapelle’s primary claim of copyright infringement is now allowed to proceed to trial. Rihanna was also sued by photographer Phillip Paulus last month, also for claims of copyright infringement in the exact same view. Let’s hope no one has a copyright on underwear built out of gum balls and Legos, or Rihanna’s concert outfits are going to have her in front of a judge in no time.