Comments on: David LaChapelle Sues Rihanna Over S&M Video: Mismatched Fetishes

By: OMG

OMG — Fri, 18 Feb 2011 07:45:11 +0000

Uumm… not the first time that rihanna has been accused of plagiarism. Apparently, her video director stole images from a girl ( sorry don’t remember her name) for her video HARD. Funny enough, the same person who made the HARD video is the same person that directed the S&M video…just sayin

By: Redme

Redme — Fri, 18 Feb 2011 01:00:32 +0000

Must be the hat. If the sub on a leash wore a ball cap instead, all would be well….

By: Aurora

Aurora — Thu, 17 Feb 2011 08:33:24 +0000

I must say more than anything else I don’t quite understand the basis of the lawsuit. Even if they were similar, can’t one artist borrow/steal the visual style of another artist, especially if they work largely in a different media? For example, Kanye West’s Harder Faster Stronger was done in the style of/as an homage to Japanese anime classic Akira. Akira’s director didn’t sue. Lady Gaga’s Alejandro seemed like a mashup of more Madonna videos that I care to mention. Madonna’s lawyers aren’t beating down her door. If someone shot a music video in the style of Kubrick or set up the composition to look like a series of Chuck Close paintings, isn’t that par for the course, free speech or fair use or some combination of the two. Or is LaChapelle’s beef that since he has moved into directing videos recently, he should get compensation for being the director’s muse. That seems utterly ridiculous. Think of how many rap video directors in the 1990′s probably stole ideas from Hype Williams’ playbook. Or if we go back to film, how many budding directors in the naughts, copied the style of the Matrix or bullet time. Or how many people have copied John Woo’s double-fisting guns. Isn’t that the nature of art? If it’s good or popular, people will copy it (Ahem autotune). Imagine if Picasso had tried suing all his contemporaries saying “Oy, cubism is my schtick. Hand’s off”. I love DL, but he’s being a big baby.

By: Some Guy

Some Guy — Thu, 17 Feb 2011 04:32:30 +0000

Someone is all primed to be called in as an expert witness….

By: K.

K. — Thu, 17 Feb 2011 04:05:25 +0000

Excellent detailed analyses, Violet – and I strongly agree with you that these images are not the same at all …

… also, as you mention, the danger of stifling creativity within an area that urgently needs to continue to be expressed and shared – if LaChapelle were successful in this claim, does this mean that *all* images of puppy-play can be said to be ‘copying’ LaChapelle?! As if puppy-play didn’t exist before LaChapelle’s somewhat over-stylised portrayals?! No – Violet’s analyses of the details within the images, and their many differences, are spot-on.

I also recall a specific image, in the same vein as the newspaper print style, of Cyndi Lauper (can’t remember exactly where, but I remember the image from the ’80s or ’90s) – are both Gaga and Rihanna therefore ‘stealing’ this idea from Cyndi Lauper?

As for the bondage image, for anyone who has ever enjoyed personal experiences of playing with bondage (and I’m no articulate expert, but do know my bondage just personally-speaking!) to compare Rihanna’s image of what could be described as a half/loose-hogtie, with LaChapelle’s image of suspension-bondage – no: first of all, the rigging is completely different; also, to be in either of these positions feels completely different, and even causes completely different sexual and emotional feelings. Perhaps anyone who claims these bondage images portray the ‘same’ act, should try them both and discover the great differences for themselves ;-)

_^^_

By: Lauren

Lauren — Wed, 16 Feb 2011 21:54:00 +0000

I think the main problem is probably that another of her videos recently quite obviously referenced Tim Walker, so it’s hard to say if the LaChapelle parallels are unintentional when she (or the people responsible for making the video) has already ‘ripped off’ someone else’s work.

By: Saryn

Saryn — Wed, 16 Feb 2011 15:56:22 +0000

I read up on this yesterday – and while I didn’t think it out in terms of actual fetishes depicted in the imagery, I did come to the same conclusion – anyone involved in fetish lifestyle, even on the edges would recognize the scenes from Rihanna’s video as classic and common costume and acts.

From a photographers standpoint – their prior history working together would make you look twice at her video and draw comparisons, but there is nothing there that says copy. LaChapelle is treading on dangerous ground – you can’t copyright an idea, and with all the copyright issues out there this kind of lawsuit could do more damage for future situations than anything else.

By: Diva

Diva — Wed, 16 Feb 2011 12:24:23 +0000

I thought it was just me that wasn’t understanding the basis of his lawsuit after seeing the photos. It was the first one that had me very confused. Although they both have a woman with a man on a leash portrayed as a dog, to me they were nothing alike for the same reasons you pointed out

I don’t consider myself an expert in any way when it comes to fetishes and fetish photography but I’ve seen enough over the past few years as a sex blogger to know that a photo of a woman with a man on a leash and all fours is somewhat common.

Thanks for putting into this so clearly into words here.

Diva

By: Allison

Allison — Wed, 16 Feb 2011 09:26:08 +0000

To be perfectly fair, I thought it WAS directed by LaChapelle when I saw it and was mighty surprised when I found out it wasn’t.

You’re right, though, Violet. Those chosen images, don’t make a strong case at all.
Does he have a case? [shrug] You can’t copyright a style or a tone, only a result. She was undoubtedly inspired by LaChapelle, and rightly so, but I’d be surprised if this case has any legs because she didn’t out right copy or steal any images themselves, only perhaps the tone, the colors, and the spirit.