The New York photo agency August has filed a federal lawsuit on behalf of one of its photographers against art gallery AM:PM for alleged copyright infringement, court records show.

The issue stems from a photograph of rapper Jay-Z, taken and owned by August photographer Timothy White. August has accused AM:PM of selling figurines called “Jaybois” using Jay-Z’s likeness during White’s photoshoot in violation of his copyright.

The photograph by Timothy White shows a young Jay-Z sitting against a plain white background 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.

The “Jaybois” were sold by AM:PM around 2020, according to a screenshot included in court documents of an Instagram account operated by the gallery and dedicated to advertising the figurines.

Another screenshot from the Instagram account also showed the “Jaybois” being marketed around New York City, including at Barclay’s Center, the Brooklyn Bridge and seemingly with a KAWS figurine.

“To the extent Defendants exploited the Subject Photograph more than three years before the filing of this case, August did not know, and had no reason to know, of such exploitations,” the lawsuit reads.

August is seeking a jury trial and statutory damages of up to $150,000 per infringement, according to court documents.

Urgent Matter has reached out to AM:PM for more information and additional comment.

Follow along with other lawsuits at Urgent Matter's art lawsuit tracker. 

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