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by ESCA Legal · Monday / Wednesday / Friday
CopyrightFiledMusic

Oasis Photograph Sparks Fine-Art Copyright Case

Photographer Justin Thomas sued artist Elizabeth Peyton, Sotheby's, and David Zwirner Gallery over a painting based on his 1995 photograph of Oasis brothers Liam and Noel Gallagher kissing.

Key points

  • Thomas alleges that the painting copied the photograph's composition, poses, expressions, lighting, hand placement, and other creative choices.
  • The painting sold at Sotheby's in May for $1.92 million with fees.
  • The complaint asserts claims against Peyton for creating the painting and against Sotheby's and the gallery for reproducing, displaying, and distributing it.
  • Thomas says he learned of the painting only after Sotheby's sought a license to use his photograph in the auction catalog.

Why it matters

The case connects music photography, fine art, auction sales, and online promotion. It also separates ownership of a physical painting from the copyright questions raised by creating and reproducing the image.

Source: Copyright Lately