The daughter of Aussie sports stars Grant Kerry and Lisa Curry is demanding an apology and compensation from Bauer’s Women’s Day and Pacific’s New Idea.
According to Morgan Gruell, the mags published photos of her baby taken from her personal Instagram account.
Speaking to the ABC, Gruell said the images were photoshopped in such a way her baby was made to look like the child of her father Grant Kerry and Fifi Box.
“I was upset because it was making out as though my son was the son of my father and Fiona,” said Gruell.
“It just didn’t sit right with me at all.
“I just don’t think they should take a picture of a baby and use it without parental consent — I feel almost a bit violated for [my son] that they have taken it and put him on the cover to sell something that’s untrue.
“They have said in the article inside the magazine that he is my son, that he is Grant’s grandson, but they need to say that on the front — but that’s not going to sell anything.”
In a statement provided to B&T, Woman’s Day, NW and OK! magazines editor-in-chief Fiona Connolly said: “Like all media, including the ABC, Woman’s Day uses images as permitted by Australian copyright law.
“News from Morgan’s high profile family is of great interest to our readers. In fact, Morgan’s family has sold photos and stories directly to Woman’s Day in the past and as recently as March this year.
“On this occasion, the photos were posted by Morgan on the public Instagram account, where she regularly posts family photos and news and were lawfully published in our magazine,” Connolly added.
Speaking in the ABC news segment, Gruell’s mum Curry added: “They used Morgan’s son, my grandson, without his parents’ permission on the front cover of a magazine in a completely ridiculous storyline for profit, that’s our issue.
“To be fair, the magazines have been very good to me in the past.
“There have been good and bad stories and I take it because I put it out there, but it breaks my heart when it’s my grandson
Copyright infringement laws surrounding social media content is complex given how new the platform is.
According to a law professor contacted by the ABC, copyright issues come when photos shared on Instagram are taken off the platform.
University of Sydney Law Professor Kimberlee Weatherall said: “Just attributing to social media doesn’t really refer to the author, although if it’s clear who the author is from the other context of the photograph that might be enough.
“There is a fair dealing exception for reporting news, so if [journalists] use a photograph they still have to attribute, but if it’s fair and to report some news then they don’t have to get your permission.
“If you had a photograph that was used in an utterly misleading way that would certainly lead against fairness it’s hard to argue it’s fair if you’re using it to completely misrepresent the news.”
B&T has contacted New Idea for comment.