ARTFEED — Contemporary Art Intelligence

Photographer Sues Elizabeth Peyton Over Oasis Painting

market-auction · 2026-08-26

Photographer Justin Thomas has filed a copyright infringement lawsuit against artist Elizabeth Peyton, Sotheby's, and David Zwirner Gallery over Peyton's 1996 painting 'Earl's Court (Liam + Noel)', which Thomas claims is a copy of his 1995 photograph of Oasis brothers Liam and Noel Gallagher kissing. The painting sold for $1,920,000 at Sotheby's in May 2026. Thomas took the photograph at an afterparty in Earl's Court, London, in 1995, and it was later featured on the cover of his Oasis photography book. The lawsuit, filed in the Southern District of New York on August 20, alleges that Peyton copied virtually every element of the photograph, including composition, expressions, and details like the ring on Liam's hand. Thomas says he was unaware of the painting until Sotheby's contacted him earlier this year to license his photograph for a catalog essay, agreeing to a $2,000 fee. The photograph was later removed at the request of the artist's representative, and the fee was reduced to $1,500. Thomas believes the removal was to hide the painting's origins, which he describes as a 'slavish copy.' The lawsuit also accuses Sotheby's and David Zwirner Gallery of further infringement by reproducing and displaying the work. This is not the first legal challenge for Peyton; she previously settled a case with photographer Dennis Morris over drawings based on his photos of the Sex Pistols.

Key facts

  • Justin Thomas filed a copyright infringement lawsuit against Elizabeth Peyton, Sotheby's, and David Zwirner Gallery on August 20 in the Southern District of New York.
  • Peyton's painting 'Earl's Court (Liam + Noel)' sold for $1,920,000 at Sotheby's in May 2026.
  • Thomas took the photograph of Oasis brothers Liam and Noel Gallagher kissing at an afterparty in Earl's Court, London, in 1995.
  • The photograph was featured on the cover of Thomas's Oasis photography book.
  • Thomas agreed to a $2,000 licensing fee for Sotheby's to use his photograph in a catalog essay, but the photograph was removed at the request of the artist's representative, and the fee was reduced to $1,500.
  • The lawsuit alleges that Peyton copied nearly every element of the photograph, including composition, expressions, and details like the ring on Liam's hand.
  • Peyton previously faced a lawsuit from photographer Dennis Morris over drawings based on his photos of the Sex Pistols, which was settled out of court.
  • The painting is featured on the David Zwirner Gallery website.

Entities

Artists

Institutions

  • Sotheby's
  • David Zwirner Gallery
  • Southern District of New York
  • Copyright Lately
  • New Musical Express
  • U.S. District Court for the Southern District of New York
  • Andy Warhol Foundation for the Visual Arts

Locations

  • Earl's Court
  • London
  • United Kingdom
  • New York
  • United States
  • Earls Court

Sources