A visual artist appealed an intellectual property lawsuit against international pop star Lady Gaga for the use of her images in the Born This Way video and she has officially lost. Her loss to the Born This Way singer was decided by a French court who disagreed with her and believed that Lady Gaga did not use the imaged produced by the French visual artist in her video but the cost of her loss is steep.
Fines for False Accusations
The French visual artist accrued Lady Gaga and Universal Music Groups legal feed which total to over twenty thousand dollars. It was 2013 when Orlan, the French visual artist, originally sued the singer for using the characters that she had used in the video art she had made in 1989 and 1996. Orlan was asking for around thirty two million dollars for use of her intellectual property and the courts denied her claims in 2016.
Orlan had eliminated the counterfeit charges when she appealed the decision but still stated that the American singer was creating reproductions of her work without compensating her which constitutes for a charge of free riding in French courts. This charge was developed to protect innovations by artists. Free riding can occur when one artist is gaining success by imitating another artist. In order to approve this charge in the appeal, the artist would have to prove that the work of Lady Gaga is widely misunderstood as Orlans work or clearly profit from the re-creation of Orlans work.
Failure to Provide Sufficient Evidence
The French visual artist was required to show evidence of a infringement on her appearance and her physical identity as well as her general clothing and fashion style. Since the French visual artist was unable to show evidence to support the claims of infringement on her image, the court decided that Orlan had no grounds for her case.