A federal court has refused to dismiss David LaChapelle's copyright claim against pop singer Rihanna over a music video with scenes allegedly copied from several of LaChapelle's images. The ruling, by the US District Court in New York City, means the photographer's claim can now go to trial.

LaChapelle filed suit in February, alleging that some scenes from the video for Rihanna's hit single called "S&M" are rip-offs of sadomasochistic images he has created and published over the years. According to LaChapelle's claim, Rihanna asked various directors to create a "LaChapelle-esque video" for "S&M," and provided a story board for the video actually included prints of some of LaChapelle's photographs.

In its pre-trial ruling, the court ruled that LaChapelle made a plausible claim for infringement because the video appeared to copy protectable elements of his images, according to the judge. (Protectable elements exclude the idea and subject matter, but include factors that contribute to the originality or expression of the subject: sets, wardrobe, lighting, camera angle, mood, etc.)