New York Judge Shira Scheindlin has tossed out some of the allegations by photographer David LaChapelle against pop star/fashionista Rihanna but allowed the main claim —copyright infringement—to proceed to trial.

The Hollywood Reporter writes that Rihanna and LaChapelle had collaborated before but he is suing the singer, Def Jam Records and Black Dog Films, claiming she copied his photos for eight scenes in her super sexy video “S&M.” LaChapelle showed that his photos were contained in storyboards for the video.

HR writes: “One of the big issues in this pre-trial judgment is whether LaChapelle's work contains elements protectible by copyright.

“The judge finds that the common theme of S&M and elements like leather—or latex-clad women, whips, ball gags, people in restraints, men on leashes, and other aggressive, sexually-charged motifs—are NOT protectible. However, his selection and orchestration of props and the way he controlled ‘angles, poses and lighting’ do rise (to the level of) elements that can be copyrighted, according to the judge.”

In other words, a sub is a sub is a sub … it’s how she’s presented that makes him or her your sub.

And since by now you must be aching for it, here’s the video. Say “Thank you, Mistress Rihanna.”