Photographer Sues Elizabeth Peyton For Copyright Infrigement

Photographer Justin Thomas filed a copyright infringement lawsuit in the Southern District of New York against painter Elizabeth Peyton, Sotheby’s, and David Zwirner Gallery.

In the copyright lawsuit, Justin Thomas accuses Elizabeth Peyton of willfully copying a photograph he took at an after-party in London’s Earls Court in 1995 of Oasis band members Liam and Noel Gallagher embracing in a rare show of affection, given the brothers’ well-reported animosity.

The Elizabeth Peyton painting titled Earl’s Court (Liam + Noel), 1996, a 10 x 8 inch oil on board, achieved $1.92 million at Sotheby’s, New York, June 14, 2026.

According to Art News, the disputed painting “is just a slavish copy of the copyrighted work,” argues the court filing. “She copies the captured iconic moment, the famous feuding Gallagher brothers in a kiss. She copies the theme, the brutish rock stars caught being tender,” it goes on. “The only transformation is the medium itself, and Peyton’s slight cropping of the copyrighted work and adding different coloring and brushwork,” it adds, claiming the painting is “classic derivative use.”

The plaintiff also accuses David Zwirner gallery, which represents Peyton, of profiting from publishing, reproducing, and distributing images of Peyton’s painting, which the filing refers to as the unlawful “Infringing Work.” Lastly, Sotheby’s joins the list of defendants for having auctioned the painting, initially estimated to sell for $1,500,000 to $2,000,000, and profiting from its distribution.

Thomas, who now lives in Spain, has been documenting punk, rock, and Britpop performers such as The Clash, Prince, The Rolling Stones, and Iggy Pop for some 35 years. He also made the disputed Oasis brothers’ image the centerpiece of his book of photographs, How Does It Feel? – Oasis 1995-2002, published by Hanging Around Books.

According to the filing, a Sotheby’s representative contacted Thomas this past April to request permission to license his photograph in an online catalogue “as a comparative illustration on a digital webpage essay.” The photograph itself was not up for sale, the message explained. Thomas gave permission for a $2,000 payment.