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Megan K. Smith

is Counsel with O’Melveny & Myers. She represents companies and individuals in high-stakes commercial litigation, including business disputes, intellectual property, copyright and trademark matters, employment matters, and criminal and regulatory investigations. Her trial practice spans a variety of forums, including federal and state court proceedings, arbitrations, regulatory investigations, and agency proceedings. Megan’s clients include public and private companies operating in the entertainment and media space, in real estate and hospitality, in automotive, technology and consumer products, and in public and private equity markets.

Recent Articles by Megan K. Smith

Stars, Paparazzi, and the Puzzling Law of Copyrights

Picture this: A paparazzo snaps an unauthorized photo of a celebrity and sells it to a media outlet, making a tidy profit. As unfair as that may sound to the celebrity, most stars are well-aware of the established law that a photograph—even an unwanted one—can be monetized by the paparazzi. The law also is clear that, absent permission, the celebrity cannot monetize the photograph herself. Photographs, like other works of art, can be copyrighted by the paparazzi and, as with copyright, the owner possesses the famed “bundle of rights,” including the right to prohibit others from displaying the photograph for money.