Halle Berry Goes After Paps for Backyard Breach

Actress files complaint against paparazzi agency for peddling photos of her baby daughter that she says were taken in their backyard

By Natalie Finn Jul 25, 2008 10:58 PMTags
Halle BerryFame

Like most new moms, Halle Berry may not be able to take her eyes off her baby. But unlike the spawn of most celebs these days, her daughter is not for the world to see.

Some paparazzi shots that circulated earlier this week showing the Oscar winner carrying 4-month-old Nahla Ariela Aubry—the little one's media debut—apparently were not taken while the duo were "out and about," like many captions accompanying the photo claimed.

Rather, according to Berry's attorney, the pics, one of which shows a foliage-covered slope and a patio table in the background while others include glimpses of Berry's mother, were taken when the X-Men star was in her backyard, constituting a "very blatant and invasive trespass."

“The paparazzi have gone too far. [Gabriel] and I have always remained that we would never sell baby photos or otherwise exploit her in any way,” Berry said in a statement obtained by E! News.

“I will do everything I can for the sake of her safety and well-being to keep her out of the public eye…I intend to do everything I can to make sure the photographer who illegally intruded into my home is criminally prosecuted.”

Nahla's father is model Gabriel Aubry. He did not appear in the offending photos, one of which was also published in Life & Style and In Touch Weekly magazines.

A rep for Bauer Publications, which puts out both rags, told the Associated Press via email that they licensed the photograph from "an established photo agency."

"The magazines are not aware that there was anything improper in the taking of this image," the rep said.

Berry attorney Evan Spiegel said Friday that he has filed a criminal complaint against Fame Pictures, the agency that distributed the mother-daughter moment, and Berry is actively trying to get the image removed from the celeb-fueled websites that happily posted the "Isn't She Precious!" scoop.

Meanwhile, a rep for Fame Pictures tells E! News that the agency is planning to fully comply with Berry's demand to remove the photos from circulation.

“It was a poor decision to put those pictures out in the first place because they were taken on private property,” spokesman Justin Smith said. “I think she’s completely in the right to protect her child.”

But, as is the case with all the gossip-based businesses out there, pressure to deliver the goods in these increasingly invasive times of ours helped prompt Fame's decision to peddle the Berry pics.

"Every Britney Spears backyard shot goes out, everyone publishes it and nothing happens," Smith said.

A spokeswoman for the Los Angeles District Attorney's Office said that no complaint has been received and that this may solely be a matter for the L.A. Police Department at this time.

—Reporting by Matt Donnelly and Claudia Rosenbaum