Photographer Cheryl Miller has filed a claim against artist Nate Ladson for alleged copyright infringement. The claim has been filed at a Copyright Claims Board tribunal in the USA.
Cheryl Miller took the picture in Manhattan, New York back in 1980. The picture depicts four men standing outside of a shop window with the words “Sunglass Corner” on the window. Miller claims the picture is her signature piece and is one which helped her launch her career having been published and exhibited widely. That picture appears to have been reproduced as a painting by Nate Ladson. Though Ladson asserts his painting is not based on Miller’s earlier picture.
Ladson claims his painting is based off a picture he found in the book Harlem on My Mind: Cultural Capital of Black America, 1900-1968 which was published back in 1969. Miller’s picture does not feature in that book given it wasn’t taken until 11 years after the publication of the book.
Miller is claiming $30,000 in damages (approx. £24,972.30), that is the maximum penalty which can be imposed by the Copyright Claims Board. Miller claims the infringement has threatened her reputation as a photographer and puts the authenticity of her work into question.
It is to be seen in which parties favour the tribunal will rule.
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