Photographer Sues Elizabeth Peyton Over Oasis Painting That Sold for $1.92 Million
A photographer is suing the painter Elizabeth Peyton, Sotheby's, and David Zwirner Gallery, alleging that Peyton's 1996 painting of Oasis brothers Liam and Noel Gallagher was copied directly from his photograph without permission.
Photographer Justin Thomas filed the copyright infringement lawsuit on August 20, 2026, in the U.S. District Court for the Southern District of New York, under docket number 1:26-cv-07120. The case, Thomas v. Peyton et al, asserts copyright infringement under U.S. federal statute 17 U.S.C. 501 and is categorised as a property-rights action on the federal court docket. Law360
Thomas says he took a candid portrait of the Gallagher brothers during an after-party in the Earls Court neighbourhood of London in 1995. That photograph appears on the cover of his 2024 Oasis photobook, How Does It Feel: Oasis 1995–2003. Peyton's painting, titled Earl's Court (Liam + Noel) and created the following year, allegedly reproduces the image with only superficial changes. Artnet News
The complaint calls the painting a "slavish copy" of Thomas's photograph. Thomas argues that the composition, the facial expressions, and even the placement of Liam Gallagher's rings match the source photograph too closely for the painting to qualify as a transformative work — the legal standard that lets an artist borrow from existing material if they add meaningful new expression. Law360
The painting sold for US$1.92 million, including fees, at a Sotheby's auction in New York in May 2026. It had been valued at up to US$2 million. David Zwirner, the New York gallery that has represented Peyton since 2023, is named as a defendant alongside the auction house. Artnet News
The dispute came to light in an unusual way. In April 2026, Sotheby's contacted Thomas to license his 1995 photograph for an online essay accompanying the auction and for use on a printed lot card — the catalogue page that describes a lot for bidders. Sotheby's offered US$2,000 for a one-year licence. Thomas agreed to lower his fee to US$1,500. Artnet News
Then, according to the complaint, Sotheby's told Thomas that Peyton's team had asked the auction house to remove his photograph from the auction materials entirely. Thomas alleges the removal was intended to "hide the origins of the painting." Artnet News
This is not the first time Peyton has faced a copyright claim over a painting based on a musician's photograph. In 2016, Sex Pistols photographer Dennis Morris raised a copyright dispute over Peyton's painting of John Lydon, which was subsequently pulled from an auction. Artnet News
The lawsuit was filed by attorney Terry Parker. Neither Peyton, Sotheby's, nor David Zwirner has publicly commented on the litigation. The case is ongoing. Artnet News
