Photographer Sues Artist for Turning His Photo of British Rock Band Oasis Into $2 Million Painting

Photographer Justin Thomas has sued Elizabeth Peyton for copying his 1995 photo of Liam and Noel Gallagher of rock band Oasis (left) in her 1996 painting ‘Earl’s Court (Liam + Noel)’ (right) | Images via court documents

A music photographer has sued an artist for turning his photo of British rock group Oasis into a painting, which sold for almost $2 million.

Rock photographer Justin Thomas filed the copyright infringement lawsuit against American contemporary artist Elizabeth Peyton in the Southern District of New York on August 20 — accusing her of copying virtually every element of his photograph of Oasis brothers Liam and Noel Gallagher kissing in her painting. In May, Peyton’s painting was reportedly sold by Sotheby’s auction house for $1,920,000.

According to a report by Copyright Lately, Thomas took the photo of the Oasis brothers kissing at an afterparty in Earl’s Court, London in 1995, at the height of the British band’s fame. Thomas’ photograph captured a rare moment of tenderness between the famously feuding brothers, a striking contrast to their often volatile relationship. The image was later featured in black and white on the cover of Thomas’ Oasis photography book.

Justin Thomas’ photograph of Oasis kissing in Earl’s Court, London, in 1995.

Elizabeth Peyton’s painting ‘Earl’s Court (Liam + Noel)’ (1996)

Copyright Lately reports that in 1996, artist Peyton created an oil painting of Liam and Noel sharing the same kiss. Peyton, a leading contemporary artist, frequently bases her work on photographs and other existing images. Her painting, Earl’s Court (Liam + Noel), closely follows Thomas’s photograph. Furthermore, the connection between the painting and the photograph has been publicly noted in the media for years. For example, art advisor Todd Levin — who says he sold Peyton’s painting for $12,000 in 1998 — recently shared the images side by side on social media, saying it “reproduces a photograph” of the Gallagher brothers.

‘A Slavish Copy’ of a Photograph

According to the lawsuit, Thomas says Peyton’s painting was completely unknown to him until Sotheby’s reached out earlier this year. The auction house was preparing to offer Earl’s Court (Liam + Noel) at its May contemporary art sale in New York, with an estimated value of $1.5 million to $2 million. Sotheby’s asked to use Thomas’s photograph in an online catalog essay as a “comparative illustration,” and he agreed to a $2,000 licensing fee covering one year online and two weeks on a printed lot card.

However, a week later the photograph was removed by the auction house. Sotheby’s told Thomas it had been removed “at the request of the artist’s representative.” The auction house then asked to lower the fee because the photograph had not received its full planned use, and Thomas accepted $1,500. After seeing Peyton’s painting, Thomas came to believe that her representative had asked Sotheby’s to remove his photograph from the catalog to “hide the origins” of what he describes as “just a slavish copy” of his original image.

A screenshot of Elizabeth Peyton’s painting listed on the Davis Zwirner Gallery’s website, is included in Justin Thomas’ lawsuit

Last week, Thomas sued Peyton, Sotheby’s and David Zwirner Gallery, which represents Peyton and features the painting on its website, alleging copyright infringement. The lawsuit claims that Peyton’s painting copies nearly every element of Thomas’s photograph and accuses Sotheby’s and Zwirner Gallery of further infringing his copyright by reproducing, displaying, and distributing the work.

“She [Peyton] copies the captured iconic moment, the famous feuding Gallagher brothers in a kiss. She copies the theme, the brutish rock stars caught being tender. She copies the composition, the side-profile angle of Liam on the left and the front-facing angle of Noel on the right are identical,” the lawsuit alleges. “She copies their expressions, the facial expression, the contrasting coloring of the lips and the fact. She copies the tilt of the head, the hair, the eyebrows, the placement of their hands and arms, the lighting. The ring worn on Liam’s hand remains visible in the same positioning near Noel’s collar. The similarities are numerous and so striking”

This is not the first time Peyton has faced a legal challenge by a photographer. Peyton was previously sued by photographer Dennis Morris over her drawings based on his photos of the band Sex Pistols. The case was settled out of court.

Image creditsAll photos via court documents.