A lawyer for the photographer Donald Graham has sent cease-and-desist letters to the artist Richard Prince and the Gagosian Gallery, requesting that they stop displaying or disseminating any artworks or other materials that include Mr. Graham’s images.
The complaint, which was first reported by the website Hyperallergic, stems from a work shown last fall at Gagosian in the exhibit “New Portraits,” which featured ink jet prints of images Mr. Prince had taken from Instagram. The work shows Mr. Graham’s photograph “Rastafarian Smoking a Joint, Jamaica” as it appeared on the Instagram feed of a third party, with the comment “Canal Zinian da lam jam” added by Mr. Prince.
While the show was still up, Mr. Graham posted on his Instagram feed a shot of the wall containing the work in question, with the caption: “Appropriated Exhibit. The only way you’d know my work was a part of this display is … well, that’s just it, you wouldn’t know. #PrinceofAppropriation.”
Mr. Graham’s lawyer, Sergio Muñoz Sarmiento, speaking in an interview, declined to say if the letter included any request for remuneration, or provide further details. A representative for Gagosian did not immediately respond to request for comment.
It’s not the first time that Mr. Prince, whose work often plays with ideas of appropriation, has clashed with a fellow artist over copyright. In 2013, a federal appeals court overturned a ruling against Mr. Prince stemming from his use different portraits of Rastafarians taken by the photographer Patrick Cariou, saying that Mr. Prince’s appropriation of the images in his “Canal Zone” series fell within the bounds of fair use.
That earlier case was closely watched in the art world, with friend-of-the-court briefs filed on both sides. Mr. Graham, in a statement regarding his complaint against Mr. Prince, said the fight wasn’t over.
“It is sacrosanct and a fundamental part of the core fabric of American society and culture that every individual’s original work and livelihood is entitled to be protected from the unauthorized use and appropriation by corporations or individuals,” he said. “This principle, embodied in the copyright law, is something that is profoundly meaningful to me and more importantly, is absolutely critical and necessary for the artistic community to which I am honored to belong.”