Culture

Annie Leibovitz sues Observer over Bieber photo use

The photographer alleges Observer.com used her 2019 portrait of Justin and Hailey Bieber without a license and ignored a takedown demand.

Bianca Rossi

By Bianca Rossi · Entertainment Editor

2 min read

Annie Leibovitz sues Observer over Bieber photo use
Photo: Rolling Stone

Annie Leibovitz is taking Observer Media to federal court over a photo of Justin Bieber and Hailey Bieber, with a lawsuit alleging the company used one of her celebrity portraits on Observer.com without permission.

The complaint, obtained by Rolling Stone, centers on a 2019 image Leibovitz shot of the newly married couple wearing matching Dolce & Gabbana polka dots. The lawsuit says the photo appeared with a 2020 Observer.com story headlined, “Hailey Baldwin and Justin Bieber Waited Until Marriage to Live Together.”

Leibovitz, 76, alleges in the Manhattan federal filing that the use amounted to copyright infringement. The complaint says she is seeking profits tied to the alleged misuse, along with damages that could reach $150,000 for each alleged “unauthorized exploitation.”

A takedown demand, then silence

According to the complaint, Leibovitz and her licensing agency contacted Observer Media on May 24, 2024, to say the photo’s appearance on the site violated her copyright. The filing says they demanded that Observer remove the image.

The lawsuit alleges the company did not respond. Rolling Stone reported that the image was still on the Observer.com story as of July 16.

The complaint describes the alleged infringement as “willful, intentional and malicious.” It says Leibovitz and the other plaintiffs have sustained business losses and will keep suffering damages, with the amount to be determined at trial.

Rolling Stone reported that attempts to reach a representative for Observer Media were not immediately successful. Observer Media has not commented in the report.

The photographer and the publication

The filing identifies Leibovitz as a prominent photographer known for celebrity portraiture. In describing her career, the lawsuit cites subjects including John Lennon, Bill Clinton, Clint Eastwood and Queen Elizabeth.

Observer Media owns Observer.com. The publication was known as The New York Observer until 2016 and had previously been a weekly newspaper printed on pink-tinted paper, according to Rolling Stone.

The Observer was formerly owned by Jared Kushner, the son-in-law of President Donald Trump, Rolling Stone reported.

The case adds a high-profile name to a familiar fight in digital publishing: who can use a famous image, where it can appear, and whether a takedown request is enough to end the dispute before lawyers get involved.

For Leibovitz, the lawsuit frames the Bieber portrait as protected work that required a license before publication. For Observer Media, the next step is a response in court or a public comment if the company chooses to address the allegations.

This story draws on original reporting from Rolling Stone.