Photographer Sues Elizabeth Peyton Over Painting Using His Photo of Oasis Band Members
Photographer Justin Thomas filed a copyright infringement lawsuit last week in the US District Court for the Southern District of New York against painter Elizabeth Peyton, Sotheby’s, and David Zwirner Gallery. Thomas alleges Peyton willfully copied his 1995 photograph of Oasis bandmates Liam and Noel Gallagher embracing at an after-party at London’s Earls Court to create her painting Earl’s Court (Liam + Noel) (1996), which sold for $1,920,000 at Sotheby’s New York in May after a $1.5–2 million estimate. The complaint argues the painting is a “slavish copy” with only minor changes such as cropping and different coloring, and it accuses Zwirner and Sotheby’s of profiting from reproducing and distributing the image. Thomas also claims Sotheby’s sought a license in April to use his photo online for $2,000 (later reduced to $1,500 after the image was removed at the artist representative’s request), and he alleges the removal was an attempt to obscure the painting’s source.
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This story was covered in Censorship, Looted Treasures, and Artists Under Watch