Rihanna Settles With David LaChapelle Over 'S&M' Scandal

by UInterviewOctober 19, 2011, 12:00 am >

It's been three months since photographer David LaChapelle sued pop star Rihanna for plagiarising his work in the Melina Matsoukas-directed video for the saucy single, "S&M." As of Wednesday, the equally provocative artists have reached an out of court settlement. LaChapelle’s publicist, Jaret Keller, confirmed that both parties were able to reach an agreement for an undisclosed amount that left the photographer "happy with the settlement."

Back in July, LaChapelle – who's known for his surreal fashion, celebrity and editorial photographs – filed a copyright claim stating that the Bajan beauty's "S&M" project featured visuals that explicity mimiced the content, wardrobe, props and themes of some of his own sadomasochistic works. Several scenes in question included Rihanna draped in a pink latex catsuit, another with her performing in a zebra-striped room and a third where she's walking blogger Perez Hilton on a dogleash. According to LaChappelle and his legal team, those incidences were reminiscent of his "Latex" and "Striped Farce" photographs, as well as a spread he shot for Vogue in 2002; he presented infringement claims for eight photos in all.

"I like RiRi,” LaChapelle said after filing the claim. “This is not personal, it’s strictly business. Musicians commonly pay to sample music or use someone’s beats and there should be no difference when sampling an artist’s visuals.” The courts agreed. During a pre-trial hearing in July, Judge Shira A. Scheindlin decided that "both works share[d] the frantic and surreal mood of women dominating men in a hypersaturated, claustrophobic domestic space," thus throwing Rihanna's fair use claim out the window.

While the photographer initially demanded $1 million from Rihanna and her Def Jam team, the amount of the actual settlement has yet to be disclosed. Controversy surrounding this video isn't over yet though: another photographer, Philipp Paulus, accused Rihanna and her team of ripping his August 2010 photo, "Paperworld." In it, a woman is taped to the wall behind a plastic wrap, similar to a scene in Rihanna's video. No word on when that suit will go to court.