Graham v. Prince et al
| Donald Graham |
| Richard Prince, Gagosian Gallery, Inc. and Lawrence Gagosian |
| 1:2015cv10160 |
| December 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Shira A. Scheindlin |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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Filing
218
ORDER: IT IS HEREBY ORDERED that on or before September 15, 2021, defendants shall file supplemental memoranda of no more than 25 pages addressing the impact on the pending motions of the recent decisions in Google LLC v. Oracle Am., Inc., 141 S. Ct. 1183 (2021), and Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 992 F.3d 99 (2d Cir. 2021), amended by No. 19-2420 (2d Cir. Aug. 24, 2021). On or before September 22, plaintiffs shall file a responsive memorandum of no more than 25 pages. SO ORDERED. (Signed by Judge Sidney H. Stein on 8/25/2021) (jca)
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Filing
211
ORDER. The Court is in receipt of plaintiffs' letter dated July 24, 2020. (Graham ECF No. 209; McNatt ECF No. 186.) The Court does not intend to hear argument on the Gagosian defendants' motion for partial summary judgment against plaintiff Donald Graham related to damages during tomorrow's oral argument. The argument will be limited to: (1) defendant Prince's motion for summary judgment in his favor against plaintiff Graham, which the Gagosian defendants join; and (2) defendants Blum & Poe, LLC, Blum & Poe New York, LLC, and Prince's motion for summary judgment in their favor against plaintiff Eric McNatt. So ordered. (Signed by Judge Sidney H. Stein on 7/27/2020) (rjm)
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Filing
208
ORDER: The Court having received the parties' letters today indicating which attorneys will be participating in the argument on Tuesday, July 28, at 12:00 p.m., IT IS HEREBY ORDERED that: 1. All the attorneys may join the argument via Skype; 2. Each party shall designate only one individual to speak on that party's behalf; and 3. Only the attorneys who will be speaking shall join the meeting using video. All other attorneys shall join the meeting using audio only. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/24/2020) (ama)
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Filing
54
OPINION & ORDER re: 33 MOTION to Dismiss Corrected Amended Complaint. filed by Richard Prince: Defendants cannot establish at this stage that the affirmative defense of fair use insulates them from liability for copyright infringement. On a motion made pursuant to Fed. R. Civ. P. 12(b)(6), the Court is limited in its review to those facts alleged in the Complaint and apparent from its exhibits and the Court must view those facts in the light most favorable to Graham. Absent a fac tual record developed through discovery, the Court is therefore restricted in its ability to perform the fact-based and context-sensitive fair use inquiry. To the extent that the Court is able to evaluate the statutory fair use factors on the basis o f the facts alleged in the Complaint, the Court concludes that each of them weighs against a finding that Prince's Untitled makes fair use of Rastafarian Smoking a Joint. Because Prince has reproduced Graham's portrait without significant a esthetic alterations, Untitled is not transformative as a matter of law. Moreover, Untitled is a work made with a distinctly commercial purpose; Graham's original Rastafarian Smoking a Joint is, without question, expressive and creative in natur e; Prince's use of the entirety of Graham's photograph weighs against a finding of fair use; and the Complaint adequately alleges usurpation of the primary market for Untitled. Accordingly, Prince's motion to dismiss the Complaint is d enied. With respect to defendants' application to preemptively limit the scope of the damages to which Graham may be entitled, the Court grants defendants' request to dismiss plaintiff's demand for punitive damages but otherwise denies defendants' requests without prejudice. (Signed by Judge Sidney H. Stein on 7/18/2017) (jwh) Modified on 7/18/2017 (jwh).
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