Cravath, Swaine & Moore LLP Logo
  • Practices
  • People
  • Careers
  • News & Insights
  • Practices
  • People
  • Careers
  • News & Insights
  • Our Story
  • The Cravath System
  • Diversity & Inclusion
  • Pro Bono
  • Alumni Journal
  • 200.Cravath

Cravath’s London Office Moves to 100 Cheapside

Read More

News & Insights

Photographers Donald Graham and Eric McNatt Defeat Summary Judgment in Copyright Infringement Litigation Against Appropriation Artist Richard Prince

May 19, 2023

On May 11, 2023, the U.S. District Court for the Southern District of New York denied summary judgment to appropriation artist Richard Prince and his associated galleries in two copyright infringement cases brought by Cravath clients, the photographers Donald Graham and Eric McNatt, regarding works from Prince’s “New Portraits” series.

The district court rejected defendants’ argument that Prince’s wholesale copying of Graham and McNatt’s photographs—which Prince posted to Instagram along with his own comments, printed on physical canvas and then sold—constituted fair use as a matter of law. “Elucidat[ing] that boundary” between appropriation art and copyright infringement, one that is increasingly difficult to distinguish as “boundaries between technology and art blend,” Judge Sidney H. Stein found that Prince’s modifications were not transformative and, on balance, the four statutory fair use factors weigh significantly against a finding that Prince’s works are protected fair use under the Copyright Act.

Cravath partners David J. Kappos and David R. Marriott originally began working with Graham, and later McNatt, while serving as co‑instructors for the Copyright Dispute Resolution Externship in association with Columbia Law School, in an effort to establish a clinical teaching environment having substantial real‑world impact. In the more than seven years since, Marriott and Kappos, with the enthusiastic cooperation of the plaintiffs, have provided dozens of law students an exceptional opportunity to not only engage with copyright jurisprudence but also—as demonstrated by the district court’s ruling—to be a part of shaping it.

The Cravath team included partners David J. Kappos and David R. Marriott and associates Christopher P. Davis and Nicole D. Valente.

The cases are Graham v. Prince et al (15‑cv‑10160) and McNatt v. Prince et al (16‑cv‑08896).

Related Practices & Industries

  • Litigation
  • Intellectual Property Litigation
  • Pro Bono
  • Media and Entertainment

People

Photo
Name
David J. Kappos
Title
Corporate
Title
Partner
Email
dkappos@cravath.com
Phone
+1-212-474-1168
vCard
Download vCard

    Education

    • J.D., 1990, University of California, Berkeley, School of Law
    • B.S., 1983, University of California, Davis
      summa cum laude

    Admitted In

    • New York
    • California
    • District of Columbia
    Photo
    Name
    David R. Marriott
    Title
    Litigation
    Title
    Partner
    Email
    dmarriott@cravath.com
    Phone
    +1-212-474-1430
    vCard
    Download vCard

      Education

      • J.D., 1994, New York University School of Law
      • B.A., 1991, Brigham Young University
        magna cum laude

      Admitted In

      • New York

      Cravath Bicentennial

      Celebrating 200 years of partnership. In 2019, we celebrated our bicentennial. Our history mirrors that of our nation. Integral to our story is our culture.

      Explore

      Cravath, Swaine & Moore LLP Logo
      • CONTACT US
      • OUR STORY
      • ALUMNI PORTAL
      • DISCLAIMERS & NOTICES

      Attorney Advertising. ©2025 Cravath, Swaine & Moore LLP.