Brooklyn gallery sued over Jay-Z figurines now faces eviction
AM:PM Gallery, accused of copying a Jay-Z portrait, has not filed a response in its federal case.
Pop Culture
The Brooklyn gallery that was sued last year in federal court for allegedly selling figurines bearing rapper Jay-Z’s likeness now faces eviction — and has yet to formally respond to the copyright complaint.
In November, Urgent Matter first reported that the New York photo agency August Image filed a federal lawsuit on behalf of one of its photographers against art gallery AM:PM for alleged copyright infringement.
That lawsuit stems from a photograph of rapper Jay-Z, taken and owned by August photographer Timothy White. August accused AM:PM of selling figurines called “Jaybois” using Jay-Z’s likeness as seen in White’s photo, in violation of his copyright.
The photograph by White shows a young Jay-Z sitting against a plain white background and wearing a red-and-navy striped sweatshirt and red pants. In it, the rapper leans slightly forward with his fingers donning large gold rings and his hands gripping gold rope chains around his neck.
August sues AM:PM for alleged copyright infringement
August accused AM:PM of selling “Jaybois” figurines using Jay-Z’s likeness in a photoshoot with its photographer, Timothy White.
Adam Schrader
The figurines, as seen in pictures included in the lawsuit, bear a resemblance to the photograph.
According to the federal docket reviewed by Urgent Matter, AM:PM was served with the lawsuit on January 7 and ordered to respond by January 28. The gallery did not file a response by that deadline.
U.S. Magistrate Judge Taryn A. Merkl initially extended the deadline to February 20. Earlier this month, lawyers for August Image notified the court that they agreed to grant AM:PM a 90-day extension to allow the gallery time to find a lawyer. Merkl approved the extension through April 28.
Meanwhile, the gallery’s landlord, Marcy Bor LLC, filed a lawsuit January 12 in King’s County Civil Court against it for failing to pay $25,210.72 in rent and late fees since October. The landlord is seeking a judgment for the unpaid rent and a warrant to evict the gallery, as well as costs.
Joseph Diaz, the owner of the gallery, filed a response to the eviction lawsuit as a self-represented defendant without a lawyer. In it, he claimed that the rent was already paid to the landlord through an online portal, and that he has the receipts.
He also checked off on the form that there were conditions in the building that the landlord allegedly did not repair. Diaz said that building had water damage, cracks in the basement, a “rat problem” and debris coming off the brick wall.
Follow along with other lawsuits at Urgent Matter's art lawsuit tracker.
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