A Brooklyn art gallery is facing a federal lawsuit after allegedly using a copyrighted photograph of Jay-Z to sell collectible figurines modeled after the rap icon.
According to court documents obtained by Complex, New York–based photo agency August Image LLC filed the suit on behalf of photographer Timothy White, whose 1988 portrait of a young Jay-Z sits at the center of the dispute. The photo, showing Jay-Z seated against a plain white backdrop in a striped red-and-navy sweatshirt, red pants, and heavy gold jewelry, is registered with the U.S. Copyright Office and exclusively licensed through August. Check out White's conversation with Complex back in 2018 about the photo and meeting Jay-Z.
The lawsuit states Brooklyn gallery AM:PM created and sold stylized figurines called “Jaybois” sometime around 2020. Court exhibits include screenshots from AM:PM’s Instagram accounts, including a page dedicated specifically to the figurines, showing the toys posed at landmarks such as Barclays Center and the Brooklyn Bridge, and even alongside a KAWS figure. Several pages in the filing display multiple examples of these posts.
August alleges that AM:PM not only sold the “Jaybois” without permission but also used Timothy White’s exact photograph on social media to market the toys, reproducing and publicly displaying the image without authorization. The complaint states the gallery “copied, reproduced, displayed, and/or distributed” the copyrighted portrait in connection with commercial sales.
The suit also accuses AM:PM of creating unlawful derivative works, claiming the gallery cropped and modified the original image for promotions tied to its figurines.
While some of the alleged infringements may date back more than three years, August argues it had “no reason to know” the photograph was being used until recently, a key point for extending the statute of limitations.
August Image is seeking a jury trial, statutory damages of up to $150,000 per infringement, and disgorgement of any profits the gallery made through the allegedly unauthorized use of the image. The agency is also asking the court to bar AM:PM from further exploiting the photograph in any capacity. AM:PM has not yet issued a public statement regarding the complaint.