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Photographers Donald Graham and Eric McNatt Secure Favorable SDNY Judgments in Copyright Infringement Litigation Against Appropriation Artist Richard Prince and His Galleries

January 29, 2024

On January 25, 2024, the U.S. District Court for the Southern District of New York entered judgments against appropriation artist Richard Prince and his co‑defendants Laurence Gagosian, Gagosian Gallery and Blum & Poe gallery.

The judgments resolved claims for willful infringement of copyrights owned by the photographers Donald Graham and Eric McNatt and “dismissed with prejudice” all of Defendants’ defenses, including their fair use defense.

The judgments also enjoined Defendants from committing any further infringement and awarded each of Graham and McNatt damages in the amount of five times the sales price of Prince’s Instagram‑framed “New Portraits” works derived from Graham’s photograph Rastafarian Smoking a Joint and McNatt’s photograph Kim Gordon 1, respectively.

The Cravath team included partners David J. Kappos, David R. Marriott and Lauren M. Rosenberg, of counsel Christopher P. Davis, practice area attorneys Benjamin J. Bauer and Omar Debs, and associates Maximilian J. Auerbach and Franklin R. Li. Tomas Kemmery also worked on these matters.

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

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  • Litigation
  • Intellectual Property Litigation
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Name
David J. Kappos
Title
Corporate
Title
Partner
Email
dkappos@cravath.com
Phone
+1-212-474-1168
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    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
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    Name
    David R. Marriott
    Title
    Litigation
    Title
    Partner
    Email
    dmarriott@cravath.com
    Phone
    +1-212-474-1430
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      Education

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

      Admitted In

      • New York
      Photo
      Name
      Lauren M. Rosenberg
      Title
      Litigation
      Title
      Partner
      Email
      lrosenberg@cravath.com
      Phone
      +1-212-474-1159
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        Education

        • J.D., 2011, Columbia Law School
          Harlan Fiske Stone Scholar
        • B.A., 2008, University of Pennsylvania
          Phi Beta Kappa, summa cum laude

        Admitted In

        • New York

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        Deals & Cases

        May 19, 2023

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

        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.

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