Saturday, January 27, 2024

Copyright Trial Against Richard Prince Was Pushed Back Now Judgment Against Prince


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Jan 25 –  Artist Richard Prince was sued in 2016 by photographer Eric McNatt, for alleged copyright violation of the latter's photograph of musician Kim Gordon. 

 Now the case approaches a trial pushed back to mid-2024, amid ill health for Prince. On January 19, 2024, U.S. District Court for the Southern District of New York Judge Sidney H. Stein held a proceeding. Inner City Press was there, the only media in the courtroom.

 After a detailed discussion of what experts will be able to testify to, Judge Stein said it is important the Prince testify at the trial and therefore he will put it off until after US v. Menendez.

 Prince's lawyer Alex Spiro was responding on health when Judge Stein noted the Press in the back of the courtroom.

 They went into the robing room, with talk of a letter and even call later on January 19. As of 7 pm, nothing in the docket.

Until January 25, when judgment was entered: "FINAL JUDGMENT IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. The Court has jurisdiction over the subject matter of this action and personal jurisdiction over the parties. 2. Judgment is entered in favor of Plaintiff and against Defendants for the claims asserted against them as set forth in the Complaint, and Defendants' defenses are dismissed with prejudice. 3. Defendants are enjoined from reproducing, modifying, preparing derivative works from, displaying, selling, offering to sell, or otherwise distributing the photograph Kim Gordon 1 (identified in paragraph 1 of the Complaint), the Instagram post and the work Portrait of Kim Gordon (identified in paragraphs 3, 22, and 25 of the Complaint), and the art book (identified in paragraphs 6 and 38 of the Complaint), including any copies of any of the foregoing. 4. Plaintiff is awarded damages in an amount equal to five times the sales price for Portrait of Kim Gordon (as set forth in BLUM 0001085), plus all costs incurred by Plaintiff, as agreed-upon by the parties. 5. Compliance with this judgment may be enforced by Plaintiff and his successors in interest or assigns, and the Court retains jurisdiction to enforce or supervise performance under this judgment. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/24/2024)."

It is McNatt v. Prince, et al., 16-cv-8896 (Stein)

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