According to a TMZ article Catherine McGann filed a lawsuit against Mars because the photo he used is one of her own, shot from 1989, when Mars was three or four and doing his initial claim-to-fame “Little Elvis” impersonation. Mars failed to obtain McGann’s permission when he published the photo back in June to several of his social media accounts.
Mars posted the photo with the hashtag #WayBackWednesday, and when the photo blew-up over social media, McGann took notice. On Instagram, the photo garnered 1.2 million likes, and since Mars didn’t have her permission to use her copyright material, she filed a suit not only against Mars, but also the record label, Warner Music, for damages and all profits earned from the photo. The photo has since been taken down.