Elizabeth Peyton painting sparks copyright lawsuit over Oasis photograph

Photographer Justin Thomas has filed a lawsuit in the Southern District of New York against artist Elizabeth Peyton, her gallery David Zwirner, and auction house Sotheby's, alleging copyright infringement.

The dispute centers on a painting by Peyton titled ‘Earl's Court (Liam + Noel)’, which depicts a 1995 photograph of Oasis members Noel and Liam Gallagher. The original image, captured by Thomas during a party in London, shows Noel kissing Liam on the cheek. In May, the painting sold at a Sotheby's auction in New York for $1.92 million.

Thomas claims the artwork is a ‘slave copy’ of his photograph, reproducing the specific composition, poses, gestures, and even the position of a ring. The legal action follows a disagreement regarding licensing; Thomas had initially agreed to license the photo for $2,000 for use in the auction catalogue, but the image was removed from the catalogue at the request of Peyton's representatives. The lawsuit argues that the addition of color and brushstrokes does not exempt the work from copyright protections.