With tensions rising in America, shade levels have been rising in direct proportion. A tiny bit of this shade and subtly savagery is coming from former official Obama White House photographer Pete Souza’s Instagram account.

Souza, who was also the official White House photographer for the Reagan White House, has been taking to his new Instagram account (the account he used during the Obama administration is now archived) to post photos from his time with the Obama White House, while also throwing some shade at President Donald Trump.

Many people and outlets have pointed out Souza’s shade, from people on Twitter to CNN and Teen Vogue.

Omg you need to follow @PeteSouza on Instagram. The subtle trump shade…these captions are SAVAGE. #ObamaLegacy #whitehouse44 pic.twitter.com/xxLOEQv8qH

— Vallari Ajgaonkar (@VallAjgaonkar) February 2, 2017

Ain’t no shade like Pete Souza shade cus Pete Souza shade has amazing composition and lighting. https://t.co/QuBl7er9AT

— The Happy Feminist (@HappyFeminist) February 2, 2017

I am living for @PeteSouza‘s instagram trolling

— Megan Hess (@mhess4) February 3, 2017

Let’s take a little dive into this man’s glorious new Instagram feed, and rank his pointed posts by shade and savagery.

#5: Immigration Ban Posts

Many people criticized President Trump’s immigration ban last weekend that incited protests in different airports across the country. This criticism has been direct and heated. But Souza is far too shady to directly address the situation. Instead, Souza just posted two pictures relating to the refugee situation to respond. The first: a picture of Obama with a young refugee. The second: a picture of a six-year-old boy, Alex, who was so concerned about the well-being of a Syrian refugee that he wanted him to be his brother.

Why do these posts take last place on the list? Well, that’s because, while they’re perfectly shady, they’re a little too heart-tugging and emotional to be petty enough to be characterized as “savage.” Hundreds of stories have been written about the immigration ban and its effects on not only refugees but on American citizens, and these posts from Souza point to the perceived human costs associated with Trump’s executive order. These posts are a perfect introduction to the shade that Souza is throwing on Instagram, but they aren’t totally indicative of how subtly biting Souza’s posts can get.

Talking with a young refugee at a Dignity for Children Foundation classroom in 2015.

A photo posted by Pete Souza (@petesouza) on Jan 29, 2017 at 5:16am PST

Remember Alex, the six-year-old boy who wrote President Obama a letter about the Syrian boy photographed in the ambulance. Alex visited the Oval Office with his family the day after the election. "Dear President Obama, Remember the boy who was picked up by the ambulance in Syria? Can you please go get him and bring him to [my home]? Park in the driveway or on the street and we will be waiting for you guys with flags, flowers, and balloons. We will give him a family and he will be our brother. Catherine, my little sister, will be collecting butterflies and fireflies for him. In my school, I have a friend from Syria, Omar, and I will introduce him to Omar. We can all play together. We can invite him to birthday parties and he will teach us another language. We can teach him English too, just like my friend Aoto from Japan. Please tell him that his brother will be Alex who is a very kind boy, just like him. Since he won't bring toys and doesn't have toys Catherine will share her big blue stripy white bunny. And I will share my bike and I will teach him how to ride it. I will teach him additions and subtractions in math. And he [can] smell Catherine's lip gloss penguin which is green. She doesn't let anyone touch it. Thank you very much! I can't wait for you to come! Alex 6 years old "

A photo posted by Pete Souza (@petesouza) on Jan 30, 2017 at 2:37pm PST

#4: Australia 

Now we’re getting into slightly more savage territory.

This Souza post shows Obama sharing a hearty and chummy laugh with the Prime Minister Malcolm Turnbull of Australia at the ASEAN gala dinner last September.

Talking with then Prime Minister John Key of New Zealand, left, and Prime Minister Malcolm Turnbull of Australia last September at the ASEAN gala dinner.

A photo posted by Pete Souza (@petesouza) on Feb 2, 2017 at 2:21pm PST

Did Souza post this just because he thought the lighting was particularly good in this shot? Absolutely not. This was posted in the midst of the new Trump-Australia feud and after The Washington Post reported that the phone call between Trump and Turnbull was somewhat contentious.

Per The Washington Post:

. . . President Trump blasted Australian Prime Minister Malcolm Turnbull over a refu­gee agreement and boasted about the magnitude of his electoral college win, according to senior U.S. officials briefed on the Saturday exchange. Then, 25 minutes into what was expected to be an hour-long call, Trump abruptly ended it.

At one point, Trump informed Turnbull that he had spoken with four other world leaders that day — including Russian President Vladi­mir Putin — and that “this was the worst call by far.”

The beauty of this post lies in how subliminal it is. This is a technique that we will see Souza employ for numbers 3 and 2 of our ranking.

#3/#2 (Tie): Mexico and Merrick Garland

We have a tie. We have this tie because these two posts are uniquely shady in their own ways, thus making it impossible to choose which one is superior to the other.

Let’s begin with the Merrick Garland post.

Merrick Garland. Just saying.

A photo posted by Pete Souza (@petesouza) on Jan 31, 2017 at 5:28pm PST

For context, Merrick Garland is, of course, the Obama Supreme Court nominee who never received a Senate confirmation hearing. Many people have cried foul over this because Garland was respected by politicians on both sides of the aisle. And last week Trump nominated Neil Gorsuch for the Supreme Court.

What makes this post so great is the fact that Souza posted this picture of Obama and Vice President Joe Biden with Garland a couple of hours before Trump announced his pick for SCOTUS nominee. The other thing that makes this post great is the simplicity of the caption, especially the second part. “Just saying.”

Just saying. 

This caption is also 100 times better if you read Just saying the same way André 3000 says “Just playin'” after he describes his very specific (read: petty) hope that a pretty but stuck up young woman (Caroline) will speed in her car on the way to the club trying to hurry up to “get some” baller or singer (or somebody like that) and while driving try to put on her makeup in the mirror but because of her inability to multitask she will crash, crash, crash into a ditch.

We then move on to the picture that Souza posted of Obama drinking tequila with Mexico’s president Enrique Peña Nieto.

This one is for Grover. President Obama sampling some tequila with President Enrique Peña Nieto of Mexico in 2013. @heygrover

A photo posted by Pete Souza (@petesouza) on Jan 31, 2017 at 6:18pm PST

This one is pretty self-explanatory. It’s no secret that Trump has a dicey relationship with Nieto (see: border wall). Things seemed to have reached a kind of boiling point the other day when The Washington Post reported that Trump had a heated phone call with Nieto, who canceled a planned meeting with Trump. Then, The Associated Press reported that Trump told Nieto that “he was ready to send U.S. troops to stop “bad hombres down there” unless the Mexican military does more to control them.”

The whole situation with the relationship between Trump and Nieto would make this post go pretty high on the list, but what truly makes it so perfectly shady is what is maybe an unintended feature of the picture. If you will notice, Obama bears a striking resemblance to an insanely popular meme/gif. Click this link to see if you can make the rainbow connection.

#1: Then It Was on Day One…

Congratulations, you’ve made it to the end.

The absolute shadiest/pettiest/subtly savage post Souza has made came on the very first day of Trump’s presidency when Souza took a moment to comment on some of the aesthetic changes to the Oval Office.

I like these drapes better than the new ones. Don't you think?

A photo posted by Pete Souza (@petesouza) on Jan 21, 2017 at 7:36pm PST

The drapes that hang behind the Resolute desk are now gold, which isn’t much of a surprise because, if you didn’t know, our president is Donald Trump.

Captured this last night as @POTUS @realDonaldTrump sits at his desk in the Oval Office for the first time in the @WhiteHouse. #POTUS45 pic.twitter.com/BObUKXwIir

— Dan Scavino Jr. (@DanScavino) January 21, 2017

Why does this post take the number one spot? Because the whole thing is about drapes. That’s it–drapes. How petty do you have to be to go after a man’s choice of drapes? And imagine how shady you have to be to go after the drapes of the man who replaced your former boss.

Also, this was posted on Day 1 of Trump’s presidency. Day. 1.  This is a day after anarchists took to the streets to set a limo ablaze and bust the window of a Starbucks and the same day millions of women around the globe marched in protest of the new president and his problematic views and behavior, and this man was ruthless enough to take to his Instagram account to go in on the new president’s new drapes. Souza is audacious. This is like if “I don’t know her” were an Instagram post. This is why this post is and will always be the most petty/shady/savage post Souza will ever make on Instagram.

There are no signs that Souza will stop posting his shadiness on Instagram any time soon. Not only does he post pictures with captions that comment on our current political situation, but he also posts a ton of pictures that are objectively beautiful that were taken throughout his career as a photographer.

It’s just too bad that Souza is no longer around the Obamas to take a better-framed and less-grainy photo of this iconic moment in the life of the former president of these United States:

Obama’s on vacation with the hat backwards. He’s never coming back. pic.twitter.com/RUakcwwgtT

— Philip Lewis (@Phil_Lewis_) February 1, 2017

You can follow Pete Souza on Instagram @petesouza.

Austin Elias-De Jesus

Austin is an editorial intern at Law Street Media. He is a junior at The George Washington University majoring in Political Communication. You can usually find him reading somewhere. If you can’t find him reading, he’s probably taking a walk. Contact Austin at Staff@Lawstreetmedia.com.

The post A Profile in Shade: A Ranking of Pete Souza’s Instagram Posts appeared first on Law Street.

A California woman is suing the popular fast-casual burrito chain Chipotle, alleging that the company used a photo of her in its advertisements, but that she never gave it permission to do so. Leah Caldwell, the plaintiff, is asking for over $2 billion, specifically $2,237,633,000, arguing that the company has made that much money off of the use of her photo that was taken in 2006.

Caldwell claims that she was sitting down to eat at one of the chain’s stores in Colorado, when a photographer snapped her photo without asking permission first. While he then asked her to sign a release to use the photo,  Caldwell claims that she left the store without signing it, thereby preventing Chipotle from using the photo. That photographer, Steve Adams, is also listed as a defendant, along with the food chain.

Caldwell says that she then saw the photo of her in multiple promotional materials in Florida and California in 2014 and 2015, and that alcohol had been photoshopped onto the table in front of her. While the photo was taken in 2006, she didn’t see the picture being used in any promotional materials until 2014, so she didn’t sue before then. She has filed the suit in the U.S. District Court in Colorado.

Some of the news outlets who picked up the story pointed out–perhaps rightly so–that Caldwell’s estimate for how much she is “owed” for the picture is a bit high. Caldwell got the $2 billion-plus number by adding up the total of all of Chipotle’s profits from 2006-2015, and believes that Chipotle’s 2016 profits, when they are calculated, should be added to her paycheck as well. But that would mean that all the profits the company made in that eight year period were attributable to her photo. As Lee Morris pf FStoppers–a site dedicated to providing news for photographers–pointed out:

I don’t think there is any doubt that Caldwell should be compensated for this error, but $2.2 billion may be a bit high. Ten thousand dollars and a year’s supply of burritos would be more than enough to compensate for the error, don’t you think?

Chipotle has not made a statement about the lawsuit yet, except to say that it does not comment on pending cases.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post California Woman Files $2 Billion Lawsuit Against Chipotle After Company Uses her Photo appeared first on Law Street.

As a future law student who plans to focus my studies on Intellectual Property, I navigate news aggregation sites thirsty for some juicy copyright and trademark infringement stories. Protecting and recovering property is what I’m about. After all, there’s ingenuity, labor, and profit to protect!

Therefore, when Getty Images turned over a new legal leaf this week, I found myself confused, annoyed, and relying on my inherent sarcasm to get me through this bit of tough IP news.

Getty Images, a large and well-known image licensing company, is seeking to make less aggressive copyright enforcement a priority. Aww, so endearing, isn’t it? *Cue eye roll*

For years, Getty has been equipped with (and fully utilized) software that flags illegal reproductions of its images on the Internet. Once flagged, Getty would send a rather stern note to the party that is allegedly infringing its content. Threats in the letter include costly litigation avoidable by settlement penalty payments and licensing and enforcement fees.

Recently, the leader of Getty Images’ global legal team, John Lapham, explained to GigaOm how Getty’s “enforcement policies are being ramped down…We’ve changed the program quite a bit to remove penalty and fees.”

Retrospectively, there were hints along the way. In March, Getty allowed free embedding of a majority of its images. For Getty, the move allowed access to more user data, advertisement insertions, and metered payments to Getty photographers. For users, the watermark was removed from this group of images, but critics still say “the implementation is hideous.” Ouch.

A Getty spokesperson extended Lapham’s explanation, stating in an email:

Our aim is to approach infringers as customers and to educate them—and anyone else who is new to licensing—about how to license imagery properly. To this end, at the beginning of this year we changed our approach to remove additional fees—“fees” being a percentage of the costs we incur in detecting unauthorized use and recovering the cost of the license. We now endeavor to recover the cost of the license fee only—there is no additional fee or penalty—and we only seek payment from registered businesses that are using an artist’s exclusive content to promote their own business.

So, Getty wants to treat infringement as just a customer mistake. A far cry from the intense lawsuit spree it executed earlier this year.

I appreciate the little licensing lesson that Getty is offering. But I disagree. A photographer worked hard for that photo, positioning the subjects, adjusting the lighting, staging the background. As Getty tries to promote its new tactic as one that helps the creative community, my years of studying communication and media make that hard for me to believe. The credibility associated with Getty is built upon the corporate and legal muscle it provides for artists. By diluting that practice, I worry and feel for the artists who license their work through the company.

The post Getty Images’ New Approach to Copyright is Bad For Artists appeared first on Law Street.

Previous fun facts about French life have let us in on a little secret: French people are picky. Each French city’s mayor or maire possesses the authority to establish policies that maintain public order. In Paris, rules vary according to arrondissement, or district.

So, the French are detail oriented. They like their rules and that’s okay.

However, their latest regulation—on copyright—is so strict that it’s funny. La Tour Eiffel, the Eiffel Tower’s official website states that although snapping some photos of the famous landmark is alright in the daylight, pictures are off limits when the sun goes down. My deepest condolences to anyone who ever dreamed of having a nighttime Parisian wedding photo shoot. The website explains, “its various illuminations are subject to author’s rights as well as brand rights. Usage of these images is subject to prior request from the “Société d’Exploitation de la Tour Eiffel.”

The structure of the Eiffel Tower itself is in the public domain. What isn’t in the public domain is the show put on at night during which different color lights are projected onto the landmark. That, instead, belongs to an artist who takes liberties and utilizes style to determine which lights, colors, speed the illuminations take place. Therefore, a reproduction of the work would require permission—and perhaps compensation—of said artist.

Essentially, it’s a time issue. The Eiffel Tower was built long before pretty lights were shone on it. This EU Information Society Directive includes a clause asserting that buildings in public spaces are to be in the public domain. However, France is one of the countries that refrained from adopting the directive into its law.  Italy and Belgium also refused the directive and retained their stricter policies. Belgium experiences the same issues with its Atomium, delineating on its website that “the image of the Atomium is protected and can only be used under certain conditions…Prices depend on whether it is to be used for a cultural, educational or commercial purpose.”

One must ask: when copyright law restricts something so large, so famous, and so iconic, how can it truly be enforced?

Wikipedia pages are being careful about it. Atomium pages include censored images or photographs of Atomium models. Poor Instagram will probably never see the legal light show. Illegal, however, can be found by a simple search of #eiffeltower. Google Images is chock-full o’ examples.

Ultimately, the regulation probably isn’t causing any tourists severe angst. That doesn’t, however, detract from the fact that it is copyrighted and nighttime Eiffel Tower pictures constitute infringement. We may take for granted our ability to legally Instagram post Lady Liberty at 3:00am with abandon.

The post Your Nighttime Eiffel Tower Pictures Are Illegal appeared first on Law Street.