Ozzy Osbourne sued for using own likeness – genuine copyright infringement or just a shot in the dark?

Ozzy Osbourne has been hit by an unlikely copyright infringement, having allegedly posted unlicensed photos of… himself. Billboard has reported that the Prince of Darkness is in hot water for publishing photographs of his own likeness on Facebook, Instagram, and Twitter (X), without obtaining permission, according to a legal representative for famed music photographer, Neil Zlozower (@neilzlozower).

The music publication’s website quoted the lawsuit: “The accounts are key components of defendant’s popular and lucrative commercial enterprise (...) Defendant has over 12 million followers on [Facebook], and over 6 million followers on [Instagram], and over 5 million followers on [X] — all of which are monetized and provide significant financial benefits to defendant.”

Billboard has pointed out that the godfather of heavy metal certainly isn’t the first musician accused of breaching copyright by using images of their own likeness. Hannah Montana actress and pop sensation, Miley Cyrus, was famously sued for posting a photo of herself on her Instagram account. The case was settled out of court, but it did prompt plenty of discourse online.

It's easy to assume you own your own likeness, but this isn’t the case. However, that’s not to say somebody has free reign over how they use your likeness. Different countries and even different US states have different rules and regulations, but San Francisco law firm Owen, Wickersham & Erickson states: "the law does give individuals certain rights of “privacy” and “publicity” which provide limited rights to control how your name, likeness, or other identifying information is used under certain circumstances."

And while it may seem slightly unfair that somebody could be sued for using their own likeness, it's worth remembering that a professional photographer’s portfolio is their livelihood. Billboard notes that Zlozower did contact the Crazy Train hitmaker’s team multiple times, but received no response, while also noting that the photographer has “filed nearly 60 copyright cases” to various other acts since 2016.

In all likelihood, cases such as this are par for the course for both the defendant and plaintiff. Still, it's worth drawing attention to photography copyright, especially when it’s easy to assume that one can do what they like with an image of their own likeness.

The news comes as the Black Sabbath frontman gears up to join original bandmates Tony Iommi, Geezer Butler, and Bill Ward for their final outing in their native Birmingham, UK, at Villa Park soccer stadium for a fundraising gig alongside all manner of heavy metal and rock royalty including Metallica and Slayer.

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