According to court documents obtained by PEOPLE, the agency alleges Kardashian posted an unauthorized photo to Instagram
Khloé Kardashian is facing a copyright infringement lawsuit filed against her by photo agency, Xposure Photos (UK) Ltd., who is accusing her of posting one of their photos to her Instagram account without their permission.
According to court documents obtained by PEOPLE, the photo agency took photos of the 32-year-old Keeping Up with the Kardashians star and one of her sisters “going for a meal at David Grutman’s Miami restaurant, Komodo” on Sept. 13, 2016.
Xposure Photos alleges that “Kardashian copied the photograph” and posted it on her Instagram account on Sept. 14, 2016, but the image “had been altered to remove the copyright management information (CMI) showing plaintiff as the copyright owner of the image.”
A rep for Kardashian has not commented.
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According to the court documents, the paparazzi photos were licensed to and published by another outlet with the CMI “at the bottom left” on Sept. 13, 2016.
The photo agency claims that Kardashian did not “seek permission to use the photographs” and by her sharing the image on her social media account, it “harm[ed] the existing and future market for the original photograph.”
In the documents, the photo agency alleges that “Kardashian uses her Instagram feed for the purposes of promotion — specifically, to promote her own business interests, products, and ventures; to promote and sell the products and services of others.”
The documents also allege that the photo agency could have profited from the image had it not been shared by the reality star.
“Kardashian’s Instagram post made the photograph immediately available to her nearly 67 million followers and others, consumers of entertainment news — and especially news and images of Kardashian herself, as evidenced by their status as followers of Kardashian — who would otherwise be interested in viewing licensed versions of the photograph in the magazines and newspapers that are plaintiff’s customers,” the documents read.
The photo agency is demanding $150,000 in damages.