Cariou v. Prince

Filing 93

JOINT APPENDIX, Vol. 3, on behalf of Appellant Lawrence Gagosian, Gagosian Gallery, Inc. and Richard Prince, FILED. Service date 10/26/2011 by email, CM/ECF. [430299] [11-1197]--[Edited 10/27/2011 by HT]

A-596

Case 1:08-cv-11327-DAB Document 48-24

Filed·05/14/10 Page 15 of 24

Patrick Cariou

January 12, 2010
237

1
2
3
4

5
6
7
8

9

10
11

12
13
4

15

il6
17
118

19
20
~1

122

~3
~4

125.

C8r1ou
A. A few people that J didn't like very
much, so I didn't sell them the prints.
Q. You didn't like them as people?
A. As people.
Q. You met with them?
A. No. I knew who they were and I
wasn't interested for them to gel.
Q. So who - can you give me the names
of the people that called you?
A. No, I couldn't remember.
Q. How did you know them?
A. Through our, you know, through
people.
O. Your professional affiliations?
A. Yeah.
Q. When you say a few, is that less
than five?
A. Yeah, it's less than fiVe.
Q. And approximately when did they call
you, did they caD you during the exhlbllion or
at some point afterwards?
A. At some point afterwards.
Q. And so there was no other interest
in your work after the GaHEI!}' 213 exhlbiHon?

239

1
:2
3
4

5
6

7

s
9

0
l.

12

11 3

114

jls
16
17

~8

19

20
21
122

12 3

124
~s

that correct?
A. Yeah.
Q. And the only place that I might do
that, as an interested ~, to be able to
contact YOU. is through the website that you
maintain, correct?
A. I don't even maiillain thiS Website.
You know, it was made like eight yeais ago, and
I don't - I think that the tHnail on the
website goes to my website, to my mailboX..
But yeah, I guess it's a way to
cori1act me if you warit to.
O. But when you say it's been up for
eight years and you don't really maintain It,
yet what we do see are aU 01 yOur subsequent
projects and books, you knoW, the Polynesian,
Trench Town Love?
A. Polynesian was done after.
Trench Town Love was done in 20M.
Q. RIght.
A. And the few pictures you can sea of
Gypsies are the first, the very first one of the

project, so.
Q.

Maybe I didn't make myself cJear•.

240

238

Cariou

~

2
3
4

5
6

7
8

9
10
11

12
13

14

15
3.6
17
18

il9
20
23.

~
~3

~4
25

MR. BROOKS: ObjeCtion to the form.

You can answer.
A- Weil, It wasn't - the thing is it
waS all made really clear they were not for
sale, they were riOt available to buy. So pe-Ople
who went to the show didn't even try to buy
them. They knew they were not for sale.
Q. But you did get some expressions of
inlerest notwithstandIng that?
A. Yeah.
Q~ And those handful of people, less
than five, were the only inquiries you got A. Yeah.
Q. - as a reSult Of the Gallery 213
exhibition?
A. Absolulely.
Q. You've said that during the period
2000 to until you hud the conversatIonS with
Ms. Celie you were not represented by a gallery
at that time, is that correct?
A. Yeah.
Q. So the only place that someone could
approach you about the possible purchase of one
, of your prints was to contact you direclly, is

•

ESQ!IIB..~

<"j

Cariou

1

2
3
4

5
6
7

s
9
10
11

12
13
14

15
16

17
18
3.9
20

tal

122
23

124
[25

Cariou
and I apologize, it's getting late In the day,
is that what I was trying to say is that you are
edd"mg new content to your website?

A. No.
Q. No?

A- No, I have not since the day it's
been up I have not add one picture.
MS. BART: Can we mark that eXhibit,
please, the website.
We're going to mark as the next
exhibit - I think we're up to 11 - yOUr
website.
(Defendant'S Exhibit 11, printout of
Patrick C8riou website, was marked for
identification, as of this date.)
Q. Mr. Cariou, I'm handing you what's'
been marked as Defendant's ExhibIt 11. And this
is a prlntoutofthe entirety oIyOlirweb page.
And as you know, When you dick on
the images of your web page the way it's
designed is it travels, the Images travei to
the right.
A. Yeah.
Q. So in order to capture all of the
Toll Free: 800.944.9454
Facsimile: 212.557.5972
Suite 4715
One Penn PIau
New York, NY 10119

www.esquiresolutions.coin

A-597

Case 1:08-cv-11327 -DAB Document 48-24

Filed 05/14/10 Page 16 of 24

Patrick Cariou

January 12, 2010
"

253
1
2
3
4

5
6
"1

a
9

10

ill

12
13

~4

f.t.5
16
17
18
19
20
21
22
23
~4
25

Carlou
your production tIlat you actually have started
some photographs about the Rude Boys?
A- Mm-hmm.
Q. Is that a culture that you're noW
focusing on?
A- Well, Trenched -I mean part of
Trench Town love is about the Rude Boys. You
know, it's downtown Kingston. it's much more
urban. and it's a whole different vibe.
Q. And was that part of the payofffor
letting you get to take pictures of the
Rastafarians?
A- it's just. you know, Jamaica is
hectic and it's, you know. it could be a vio/eilt
culture. And to sUlVive you have to light your
way In. So. yeah.
And the same time I did enjoy my
time with the Rastas, but I had to move around

too.
Q. To stay away from the Rude Boys?
A- No. to go see someone else, you
know. simply.
Q. I'm sony, J don't understand.
A. I'm in one place, I have to go on

1
2

3
4

5
6

7
8

9
~o
~J.
~2

p

114
i5
6
7
8
9
20
~J.
~2

23
24
25

Cariou
Bates Number C245A. Mm-hmm, yeah;
Q. - thrOugh 2531
A. Okay.
Q. Yes?
A. Yes.
Q. And so can you snow me 00 this
report what the total sales nave been over the
life of Yes Rasta since Powerhouse has been
publishing your bOok?
(WitneSs/obks at EOOllblt)
Q. If you lOok at C252'?
A. 252 or 2531
Q. It gives you like a SiJrJ'iItIar}t?
A. If we take 252 ifs 2,630 books.
Q. Oh, f see. f think that 251 arid 253
are a spreadsheet that must go like this, it
must go this way,lBtemllY.
So Yes Rasta, if you go acmss the
line, where are you seeing the total- 2,6301
A. Yeah.
Q. And for a total sales of $80,1541
A. Yeah.
Q. Is that correct?
.'
256

254
1
2
3
4

5
I>
7

8
9

10
~1
112

13
4

5
6

7
8
~9

~o
~l.
~2
23
~4

~5

Caricu
the other side of the island because I have to
meet another Rasia that I know of. In between
It's not going to be easy, just by - just the
fact of drMog in Jamaica is complicated.
Q. Yes.
A. You know, and so on and so forth,
and finding food and, you know, et cetera,
etcetera.
Q. Has anyone - and forgive me if I've
asked you this question before - has anyone
contacted you through this website about the
possible purchase of any images?
A. No.
MS. BART: Let's mark tills as the
nm exhibit, pleaSe.
(Defendanfs Exhibit 13, sales
recotds, was marked for identification, as
of tIlis date.)
Q. Mr. Carlou, I'm handing you what's
been marked as Defeildanfs Exhibit 13. And I
believe these are tile sales records to which
your counsel referred to previously, is that
correct1
And for the record, they bear

•

ESQ1[!..B-~

'

255

1
2
3
4

5
6

7

8
9

10
11
2

11 3

~4
15
16
~7

~8

119
~o

~1
22
23
24

25

Cariou
Yes.
Now, looking at tills document doa
tills reftesh your recollection as to - temeriiber
I asked you earlier aboUt the channels of
d'JStribution where the book was sold - we set,
Barnes super, Barnes small?
A. Yeah. I can read Amazon, Muslcl.ahd,
Tower, yeah. But no, it doesn't refreSh my
memory. I don't have any memO/)' about that
Q. Okay. Do you know whether baed on
the way the royalty statements ,/oilve r~
in tile past, does this tell you whO haS sold
your books and how many?
A. Who has sold my book? No, I haw nO
idea.
Q. And would we be able to get that
information from Powerhouse?
A. I suppose so.
Q. If you Jook at the document tIlafs
marked ClS3?
A. Yeah.
Q. This is a royalty report.
Now, this dOCl./ment, which is dated ,
as of December 2007, says the total boOks,sOId .
A-

Q.

Toll Free: 800.944.9454
Facsimile: 212.557.5972
Suite 4715
One Penn Plaza
New York. NY 10119
www.esqulresoltitions.com

A-598

Case 1:08-cv-11327 -DAB Document 48-24

Filed 05/14/10 Page 17 of 24

Patrick Cariou

January 12, 2010
257

1

2
3
4
5
6

7

8
9
0

f1-1
112
3
4
5

5
7

~B

!Is
~o

21
22
23

24
25

Cariou
are 2,338. Do you see that?
A. No.
Q. It's way at the bottom.
MR. BROOKS: On UJe last page.
On this page.
A. Yeah, okay, total books sold.
3,453 or 5,791?
Is the total?
A. Yeah, total books sold, 5,791.
Q. Do you see the document Where it
says sales last period, Ifs four or five boxes
down, and it says 391 sold beloW cost?
A. Yeah.
And there we have a list price
of $601
A. Ust price, yeah.
Q. See that right underneath it?
A. Yeah,yeah.
Q. So what this chart is telling us is
that UJere have been 391 that have been sold
below cost, correct?
A. Probably. yeah.
Q. Okay. And what you made for that
. group Is $293.25. correct?

259
1
2
3
4

5

a.

6
7

a

a.

a.

9

10
11

12
13
14

15
16

17
18
19
20

Fll
Fl2

23

Cariou

Q.

BY MS. BART:

23

So the 1ota1-J'm juSt Irying to
understand how much you've received - is the

24

7

8
9

[10
11
12

13
14
15

16
17
18
19

20

~4

125

Q.

•

ESQUIRE
.. Ald.uero.nac..pu.,

Okay.
Is there a reason why you haven't
260

1
2

123

5

5

gross sales as opposed to the amount that you've
made?
A. Yeah, that's - definitelY, the
80,000 is the gross sales.
O. And do you know when - because we
see here this is a document that's dated
October 2009. and it's shoWing the list price of
the book at $60, but when you look at the web
page for Powerhouse it liSts it for $100 a boOk,
do you know when the price increased?
A- I have no Idea. I haven't talked to
them in a while. OtherwiseMR. BROOKS: Okay. you answered.
You haVe no idea.

A.

21
22

3

4

-

Yeah.
O. So is the total that you received to
date $8,087.75. and what we're seeing oil the
prior page for the $80,154 Was actually the

2'5

Correct, I guess, yeah.
Q. And the trade sates up at the top
are $6,033.60, and direcl sates, is lhal direct
sales would be off of their website?
A- I don't know what is direct sates.
Q. $0 you don't know if toose came off
of the website sales for Powerhouse?
A- I have no Idea.
MR. BROOKS: HOlly. when you make a
copy of this exhibit for everyone would
you mind - and we shOuld have done
this - white out or black out his Social
Security number?
MS. BART: Oh, goodness, yes. Let's
aU do !hat right now.
Mr. Caiiou, may I plea$e have that
copy that you are holding?
MR. BROOKS: When you make a copy
of it make it of a document without the
number.
(DisCussion off the record.)

A.

right.
A-

~4

258
1
2

Carlou
total amountA- Me too.
O. You need to exercise that audit

3

4
5
Ii
7
8
9

fLO
1:t

112

13
14
15

16
17
18
19

120
21
22

25

CarIou
spoken with them for a while?
A- I was finishing up my Gypsy book arid
it takeS II lot of travel.

O. I can imagine.
Has anyone ever contacted you
through the PatrickCarlou.COin webslte abOUt this
lawsuit?
A- Contacted me through - I received a
mail through my mailbox, but not through my
website. I mean , don't even know If illY website
works as far as Q. The link?
A- Yeah. ActuaRy there is a link
betWeen the e-mail address for the website which
goes directly to the mailbox I use.
So I've, yeah, actuaRy been
c'ontacted.
Q. And who has contacted you?
A- li was an organization from
somewhere in - where was it - AnguIlla I
think.
Q. And what was the subject Of the
inquiry?
A- li was a letter of protest agalrlst

Toll Free: 800.944.9454
Facsimile: 212.557.59n

5ulOO4715
one Penn Plaza
New York, NY 10119

www.esquiresolutions.com

A-599

Case 1:08-cv-11327-DAB Document 48-24

Filed 05/14/10 Page 18 of 24

Patrick Cariou

January 12, 2010
265

·.J

1

1

Cariou

2
3
4
5
6

7
8
9

~o
~1
~2
13
14
5

fl6
7

18
9

20
~1

. ~2

~3
~4
.~S

267

>

that was on the 01her web page.
A. Yeah, I just realized it.
Q. Now?
A Yeah.
Q. Okay. So that was one that was
written by Powerhouse.
And did you participate in the
writing of this particular description?
A No.
Q. Do you want to take a minute to read
this -\ guess we can read it into the record
since it's so short. It's described as:
With a penchant for adventure it Is
no wonder photographer Patrick Cariou,
whose first book: Surfers drew tidal waves
of praise, journeyed 10 Jamaica, a land
which he calls. quote. pure madness and
000 of the most dangerous places on earth
thai is not at war. There he entered the
secluded world of the Rastafarians. a
wond culture and rerl9ion clOsed to
outsiders. Carlon slowly gained their
trust and they began to let him take their
picture. With bold black and white

2
3

4
5
6
7
8
9

10
11

12
13
14
15
16
117
18

~9
20
21
22
23
24
25

Calion
language, it was just posted?
A. I must have read it once quickly and
liked it and said yeah. that's fine, and that
was it. you know.
Q. And so this was written in or about
2002 When the book was fIrSt published?
A. Yeah.
Q. Now, If you look MR. BROOKS: The book was published
in 2000.
MS. BART: What did I say?
MR. BROOKS: 2002.
MS. BART: I meant 2000.
BY MS. BART:
Q. If you Will look back at Defendant's
Exhibil14 you will see in aU caps that it says
limited availability, please inquire, and then
there's a phone number that's given.
Do you see thai there, right
underneath tha title?
A. Yeah.
Q. Do you know why people whO want to
purchase this book have to eaU as opposed to
beir:g able to just purchase it?

268

266
1.
:>.
3
4.

5
6
7
6
9
It)

11.

12
13
4.

15
16
17

18
19
20
21.
22
23
24

25

Cariou
portraits and liuidscapes Cariou indelibly
capfured the strict separatist
juhgle-dwelling fruiklf-the-land
lifestyle popularized by Reggae legends
BOb Marley, Peter Tosh, and Burning Spear
in never-before-seen images until now. In
Yes Resta. the phrase spoken by true
Rastafari when greeting each other,
Cariou's direcl classical photographs
reveal men whose style and attitude are as
distinCtive as their dreadlocks, men whO
have lett tile modem world of Babylon in
pulSUil of their own Independence, men
whOse lives are intertWined with the
tropical landscape and whose n1uals,
symbols, phUosophies. relig/on, medicine.
aQrlcuHure. family structure, and
remarkable strength make the definitive
statement of self-reliance.
Do you think that that is an
accurate description of your book?
A. Yeah, it is.
Q. This was not SoIl1ething though thai
you had an opportunity to comment on the

1

:>.
3
4.
5
6

.,
8
9

flO

~l
~2

P.3

4
5
16
7
8
9

~o
~1

~2
23
~4

25

Cariou
A. In a bookstore?
Q. Or cIicIdrIg on the WebsIte?
A. Because they probably have onJy a
few boxes left. I WOUld say. Thai would be I think thafs what it is.
Q. It's not tied in any way then to the

lawsuit?
A. Ch.no.
Q. Do you know if this page on the
Powerhouse website has always described the
number of available Copies as limited
availability?
A. Il must have been, yeah.
Q. But you don'tA I mean I don't know When they
started to do that. But you're going to hi.lve tit
ask them about that because I have no Idea
about. you know - rm busy, I have ~s to
dO,l'm not with them all the tine. you know.
Q. And you don't know hoW many copies
Powerhouse sliD has avaUable for sale?
A. No/dea.
MS. BART: Let's mark as ~ next
exhibit this doc::utnenl, please.
Toll Free: 800.944.9454
Filtslmlle: 212.SS7.59n

Suite 4715
one Penn Plata
New York, NY 10119
www.esquiresolutions.ctml

A-600

Case 1:08-cv-11327-DAB Document 48-24

Filed 05/14/10 Page 19 of 24

Patrick Cariou

January 12, 2010
277

1
2
3
4
5
6
7
8

9
10
ll.
12
1.3

4
5
16

17
18
19
20
21

22
23

24
25

Cariou
like or what you thought the contents should
contain?
A. Yes,l thought Perry Henzel1 was the
guy, the ul6mate. and I was tetany conVinced
that I would get !lim, and r did.
MS. BART: let's mark this as the
next exhibit.
(Defendant's Exhibit 18, document,
was marked for identification, as of this
date.)
Q. The court reporter has handed you
what's bean marked as Defendant's Exhibit 18.
Have you ever seen this document
before?
A. No.
Q. Thts came from your produclion. You
dOn't knOw what this is at all?
A- Na, not at all.
Q. And you've not seen it before?
A. No.
MS. BART: At this time I'd like to
supplement what was previously marked as I
believe Defendant's Exhibit 11 to include
the specific pages from the website for

279

...

'i~.'.:.;:')

9
10

carfou
A Yeah.
0. You can set that aside or give it to
the court reporter.
.
Mr. Cariou, in your deseriplicin of
your work you have talked about doing this for a
IOIig period of time. HoW long have you been a
professlon~I pliotogrcipher?
A AbOut 24 years.
Q. And did you lake any special

11

schoofing to become a profeSsional photographer?

1

2
3
4
5
6
7

s

12
13
14

15
16
17
18
19
20
21
22
23
24
125

A No.
Do you have a college education?
No.
Q. Would you consider yourself to be
a self-trained photographer?
A No, I actually started as an
assistanl I was asslstlng some of the, you
know, greatest photog;aphers at that time.
Q. And who were you assistant to?
A. Peter Umbetg, Paulo Rovers~ you
know, majOr fashion photographers.
Q. . And do you consider yOurs'elf
primarily to be a fashion photographer?
A No.
Q.

A

278
1
2

3
4
5
6
7
8
9
~o

~1
~2

~3
14
5
6

7
8
9

Cariou
YeS Rasta, SO I Win !land this to the
Witness and ask counsel to just add this
to the packet for Exhibit 11.
(Discussion off tlla record.)
MR. BROOKS: So What are we cailing
this? Are we calling this 11A?
MS. BART: No, we're just adding it
to 11. We just said On the record that I
was going to ask everyone to supplement it
by just addIng it to It.
Mr. Brooks, you asked earlier about
the link, and It's order now when you
click on Yes Rasta it takes you to the
page with POWerhouse.
MR. BROOKS: Okay.
MS. BART: And that was right on the
first page of Defendant's I:xhIbit 11.

~o
~1

22

BY MS. BART:
Q. Mr. CBriou, the olily queStion I have
about those - I'd asked yoU this berota ~ but
those are the photOgraphS that appear On your

23

W9bpage?

24

A-

;;15

Q. For Yes Rasta?

Yeah.

•

ESQUIRE
uAlaaD4uCWloc:..pu,

:....

260
1
2

3
4
5
6
7
8
9
10

,1.1

12
13

4
~5
~6

~7
18
19
20

21
22
23
24
25

CariotJ
How would you describe your
profesSion as a ph'btographer?
A- I'm a portiaitisL
Q. Thai is yoUr specialty?
A That's what I dO, yeah.
Q. So Whether it's fot your OWn books
or whether It's for fashion, thalls your style
of photograPhY?
A- Yes.
Q. And you leamed that trade ihrough
other specia6sts or experts in the area of
por1raiture?
A Well, you know, I developed my own
style over the yearS. You knoW, they taught me
Ii Jot on photography but, you knoW, and t/ien
afterthat I had to develop lily OWn thing.
Q. Your website showS that you've done
photograPhic work for a travel magazine, Is that
correct?
A. Yes, li's corree!.
Q. And is it Conde Nast Travel that you
did a spread for?
A. Yeah.
Q. And thai was Of Jamaica or it was
.

~~.'

.

Q.

Toll Free: 800.944.9454
FacsImile: 212.557.5972
Suite 4715.

One J>enn Plaza
NeW York, NY loi19·
W'NW .esquiresolutlons.ccim

. -J

A-601

Case 1:08-cv-11327 -DAB Document 48-24

Patrick Cariou

January 12, 2010
281

canou

~

2
3

4
5
6

7
B

9

10
11
~2

~3
f14

p.s

fl.6
17
8

19
20
[21

~2
23
24
25'

some 1ropical area?
A. No, it was in Greece. Greece and
CUba. I did a lot of different trips for them.
Q. But those are 1118 only ones relating
to travel or !here are other Ira\IeI trips that
you've done for 1hem?
A. You mean for Ira\IeI and leisure?
Q. Yes.
A. laid quite a bit of trips for th-em.
I went to the Maldives, I went to Tunisia. I
went to Cuba, I went to a few other places.
Q. And 1hOse were freelance
assignments?
A. Yeah.
Q. And the focus 1here though was not
on portraiture, it was on 1I1e places that they
were wanting to showcase in their magazine?
A. Absolutely.
Q. For what publiciitions have you done
photographic work?
A. Well, I worked for - I did work for
Ftellch Vogue. I worked for Italian Vogue. I
worked for Mademoiselle when it was still alive.
I worked for The Fader. I worked for so many of .

283
~

2
3

4
5
6
7
8
9
10
11
~2

13
~4

15
16

17
18
19
20

'21
22
23
24
25

4

s
6
7

8
9
10
11.

12
13
14
15
16

117

18

119

20
21
22
23
24

25

Cariou
them actually.
I worked fOr Vil1e Magazine. I
Wotked for German Marie Claire and Spanish yeah, I Worked for Ele.
MR. BROOKS: E-L-L-E.
A. And so on and so forth. I worked
for quite a bit of m8gazlnes.
Q. Approximately hoW much of your
annual reVenues income is derived from freelance
aSsignments for magazines?
A. I slopped COI'nmetcial photography a
few yearS ago now. I'm just dOing my personal
photography.
Q. I see. SO these were all- the
Filmch VOgue, th's Italian Vogue, MademOiselle,
Fatler, all of that Wlis before what year?
A. Before - we're In 2010 -I Would
say before 2004.
Q. And so at this point in time you
were your doing projects like Trench Town love.
I think you held the gypsies?
A. Yeah, the Gypsies is the one.
Q. Do you haVe any other projects
you're WOrking on?

•

ESQUIRE
uAlua.IuG.lioeoa.-,.

Cariou
A. Yeah, I have a Polynesian project
I'm working on.
Q. And when did you start working on
the Polynesian project?
A. Oh. a long time ago. It must haVe
been -1I1e firSt time I went 1I1ere was in the
early '908, like '89 or '90.
Q. And has anyone agreed to publiSh
your PolynesIan works?
A. It's not done yet.
Q. So it's din A. Irs still in the process of.
Q. Other 11180 the images or the prints'
of the Yes Rasta images have you sCild any other
prints of your images of any of 11113 photogtaphy
work yWve done?
A. Yes,Jhave.
Q. can you teU me what images you've
sold?
A. I couldn't leU you which images J
sold, but there is - Where is the list ofI don't know -lhafs snrnething I can't provide
to you now, but I've sold a few prints of
different projects to Mr. Girard.

284

282
1
2
3

Filed 05/14/10 Page 20 of 24

cariou
Q. Were yOu loOking for a partiCUlar
3
dOcument like yourweb page?
4
A. NO. no - well. I Wailted to have the
5
name. the exact name of the person, you kr'fow.
who bought two Rasta priills.
EO
Q. It's right !hare.
7
8
A. Yeah, he got fOUr different other
prints from me.
9
10
Q. Mr. Girard did?
11
A. Yeah.
Q. And haVe you sold any other prints
12
13
to Mr. Girard or anyone else?
14
A. I might haVe sold a few SUrfer
prints. I have sold a few Surter prints.
~5
Q. And ware any of the Surfer prints, .
~6
17
were those sold again to Mr. GIrard?
~8
A. No, no, to different J)eopIe.
19
Q. To people that you know?
20
A. Yeah.
21
Q. Is your view with the Surfer prints
22
the same as Yes Rasta, you only sell them if you
23
like the perSon?
24
A. Up untiJ'themoment rm ready to be
25 . out in the world and say. you know, that's - my .
~

2

Toll Free: 800.944.9454
Facsimile: 212.557.5972

Suite 471S
One Penn Plaza .

New York, NY 10119
www.e5Quiresolutioils.com

A-602

Case 1:08-cv-11327-DAB Document 48-24

Patrick cariou

January 12, 2010
265

l.
a
3
4
5

6
7
8
9

~o

11.l.
~2

13
14
15
16
7
18
19
20

21
22
23
24
25

287

cariou
1
conception is - and I have produced three bOoks
2
of porIraits. the Gypsies is the fourth one. and
3
that's the end of a circle when that particular
4
body of work on portraiture is ready to be out
5
in the world.
s
Then rll go to landscaPe or I'll
7
go to, you know, still life or different type of
8
photography.
.9
But for !he past 20 years I've been
10
doing serious portraiture, bull don'l- rm
~1
not in a rush. I never really thought of, in
~2
essence, reoognltlon. I like things to slowly,
13
14
yoUkhowQ. GermInate?
5
A. -mature.
6
Q. MatUre?
7
A. Yean.
~8
p.,9
Q. Arid by that you mean your work Or
yOUr style to rmilure?
~o
A. No, the pictures that are done
~1
22
already to mature. You don't look at that book
nOW the same way yOu ~ lOoking at It when it 23
comes out, when it came out, and yOu Win not
~4
look at that book In 20 years the way you look
~5

3

4
5
6
7
8

9
10
11
12
13
14
5

16

~7

Cariou

at It now.
You know, things change around,
aesthetics change, peOPle change. And that'S
why I've never been in arusb to sen prints
or - whenever I could, you kOOW.
Q. And what changed for you in 2Cio8
(hat caused you to be open to the possibility of
Ms. Celie representing YOU. like you were ready?
A. The completion of GypsIes, the tact
that I have spent eight years doing the Gypsy
book. It's done. It's not published yal., but
there is the mock-up and all the pictures are
done.
And those four bOOks Will be my
four IXlbks of pOrtraits, and then I'll go on
something eI$e. You knoW,and that was the

~8
19

time~

~o

books?
A. Yeah. that was the completion of
those four bOoks.
Q. And is Powerhouse publishing the
Gypsy book?
A. Maybe. rm not sure. It could be

2l.

22
23
24
25

0- f see. It was the compl9tiOn of the

•

ESQillBE

Cariou
someone else. We'll see.
0- Are you talking to other people
about that?
A. Yeah,yeah.
Q. And are you In active negOtiations
for that publishing. the publishing of the Gypsy
book?
A. Sort of. I'm sltll working a little
bit on the layout There's still things that
I'm not completely happy with, so -I'm talking
to people.
Q. And what companies or individuais,
publishersMR. BROOKS: I don't think that's
relevant
Ms. BART: Well, I think it is
relevant 10 shoW - it is relevant because
it Shows that he sliD has a viable
cotninercial career.
So I'd like to know who he's
speaking to. It's my last MR. BROOKS: I'm not gOing to let
him speak to people thai he doesn't have
contracts with yet. I'm not going to let

288

286
1
2

Filed 05/14/10 Page 21 of 24

1

a
3
4

5

6
7

a
9
0

1
2
3
4

115
~6
~7

18

19
20
21

22
23

24

25

Caiiou
him do It. Irs confidential.
MR. HAYES: So you're directing him
not to answer?
MR. BROOKS: Yes.
CO
MS. BARl: Let's certify that
question, please.
BY MS.SART:
Q. Mr. Cariou, We're reaDy not Irying
to pry into your personal business, we're tiyfng
to understand your profession.
can you tell me If these publishers
with whom you're actively engaged in dialogue
are rec09niZ.ed publishing hOuses?
A- Yes, they are.
Q. And are they Il'lteriIatiOilal hi scOpe?
A. Yes, they are.
Q. Has your SUtfer Collection ever been
displayed, exhibited in a gallery?
A- It was displayed with the Rastas in
Paris In GaDery 213, yeah.
Q. SoltwasA. Yeah, it was a dual thing.
Q. Have you exhibited any Images from
the SUrter book in any Other Toll Free: 800.5144.9454
Facsimile: 212.557.5972

Suite 4715
One Penn Plaza
New York, NY 10119
www.esqulresofutions.com

A-603

Case 1:08-cv-11327-DAB Document 48-24 _Filed 05/14/10 Page 22 of 24

Patrick Cariou
--,

January 12, 2010
289

,:2:)'

Cariou

~

2
3

4
5
;;
7
8
9

10
11
12
13
14

15
16

17
8

~9
~o

2

Q.

No museum?

A

No.

Q.

Creole?

Creole Factory.
And wh'en was the Trench Town - when
were those exhibited in La Villette?
A Last summai'.
Q. And for how long?
A.
Q.

A.
Q.

For two months.

Was that a one-person exhibition or
were you A.

6
7
8
9
~0

ft1
112
113
~4

15
16

17

ft 8
19

~0

21

No.

Q.

25

5

Q.

21

23

3
4

What about Trench Town Love. have
any of the images fi'om that book A. Trench Town Love has been exhibited
in a museum last SI.IIllffier in Paris.
Q. Which museum?
A. It's called La Villette, and the
exhibition was called Creole Factory.

Let me finish.
A. Sorry.
Q. Or were you part of a bigger

22
23

24

25

mle~on?

Cariou

1

A •

22
;24

. 291
A

r might have.

you were inteMewed in?
A. I don't remember. That was quite Ii
bit ago, you know.
Q. Have you had the Suifer images
appraised or valued by anyone?

A.
Q.

No.
Same question for Trench TOWn Love?

A.

No.

MS. BART: I haliEi jUst a few more
questions, but if you don't mind I'd like
to jUst step outside with Mr. Hayes for
one seCOrid and then J think we can wrap
this up.
THE WliNESS: Sure.
(Recess taken: 5:41 p.m.)
(Proceedings resumed: 5:46 p.m.)
BYMS.BART:
Q. I only have a coujlle more questiOns

and we can call it a day. Mr. Carlou, save for
the certified questions.
Have you spoken With any of the

292

290

8
9

CariOU
A it was a group show. It was a tiuge
group show.
C. Was there a particular genre of work
that was being exhibited as part of that show?
A Yeah. II was all based on the fact
of being Creole. That was the theme of the
exhibition. So you had photograPhs from 80 or
sculpture from - it was all about the islands

o

basically.

. ·'1

1

-. -Ii

2
3
4
5

6
7

Q.

U

3
4

~5

116

tL 7

11 8
19
20
21
22

23

124
125

The islands?

And the Yes RasIa was not part of

1
2
3

4
5

6
7
8

9
o
11

that?
A.

12
~3
14

Q.

115

2

No.
And the focus on the Creole that is
it was focusing on that sort of ethnicity. that
sort of genre?
A. Yeah.
Q. That sort of culture, If you wilt?
A. Exactly.
Q. Have you ever been interviewed for
your Trench Town Love works?
A No, I don't think so.
Q. Surfer, were you Inlerviewed as part
of Surfer?

•
ESQlllBE

Yeah, for Surfer I

might have.
Q. And do you know whal publicalions

~6

17
18
19

20
21

Cariou
Rastafarians whose images appear in the
Yes Rasta photos about the Canal Zone
exhibition?
A. No, I have not.
Q. And have you spolc:£in to them about
this lawsuit?
A. No, I have not.
Q. If you are successful on your claims
do you Intend to share any portion Of your
recoveiy with the RaStafarians whose image$
appear In the Yes Rasta book?
MR. BROOKS: He's not anSwering tHat
question. I direct him not to answer.
CQ
MS. BART: lefs certify that
questiOn as well.
I'd also like to have a proffer now
as to why you won't let him answer that

question?
MR. BROOKS: It's irrelevant
MS. BART: I think it's highly

22

relevanl

23

MR. BROOKS: You think it is and I
think it's not. that's why.
MS. BART: I'm finished with my

24
25

Toll Free: 800.944.9454
facsimile: 212.557.5972
Suite 4715

One Penn Piaza
New York, NY 10119
www.esqulresolutlOhs.corri

A-604

Case 1:08-cv-11327-DAB Document 48-24

Filed 05/14/10 Page 23 of 24

ACKNOWLEDGEMENT OF PEPONENT

I declare that I have read the entire transcript of my Deposition taken in the
captioned matter or the same has been read to me, and the same is true and accurate,
save and except for changes and/or corrections, if any, as indicated

by me on the

DEPOSITION ERRATA SHEET hereof.

Signed on the ~ day of

1~4ry

,20-Lo

~--=-Patrick Cariou

-::r

c\.(. c. \ ):...-<.- V-'i\.J.~ ~~ ~l~

0\ ~'C3,~~"'''f'j vA" W ~ l~""""$ ctf
~ u.,.,..-~\.eJl r;~S. C>~ A.,--t.A"'~'-'ie:.
~\ ~ _~p("(:.~(;~~ t .... ~v--L e~
~on-~,

~~~1i-'o~
_)

Subscribed and sworn to on the _ _ day of
_ _ _ _-'.20__ before me,

Notary Public,
In and fortne State of _ _ _ _ _ _ __

1-0;; z/'

'2-~\CZ>.

----------------------t;~c-\L c..r,eJIV...

A-605

Case 1:08-cv-11327 -DAB Document 48-24

Filed 05/14/10 Page 24 of 24

ERRATA SHEET
CASE NAME: PATRICK CARiOU v. R10lARD PRINCE, ET At.
DEPONENT NAME: PATRICK CARlOU

Page/Une

From

DEPosmON DATE: JANUARY 12. 2010

To

---1._
Reason

--'Reason

--'Reason

---1._
Reason

-1_
Reason

-1_
Reason

-1_
Reason

--'Reason

Witness Signature

A-606

Case 1:08-cv-11327 -DAB Document 48-25

Filed 05/14/10 Page 1

hf 15

Daniel J. Brooks
Eric A. Boden
SCHNADER HARRISON SEGAL & LEWIS LLP
140 Broadway. Suite 3100
New York, New York 10005-1101
Telephone: [phone]
Facsimile: [phone]

Attorneys for PlaintiffPatrick Cariou
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------..----------------------------------------X
PATRICK CARIOU.
Plaintiff,
Case No.: 08 CIV 11327 (DAB)
-against-

RICHARD PRINCE, GAGOSIAN
GALLERY, INC., LAWRENCEGAGOSIAN,
and RIZZOLI INTERNATIONAL
PUBLICATIONS, INC.

PLAINTIFF PATRICK CARIOU'S
ANSWERS AND OBJECTIONS TO
DEFENDANTS GAGOSIAN GALLERY,
INC'S AND LAWRENCE GAGOSIAN'S
INTERROGATORIES

Defendants.

----------------------------------------------------------X
Plaintiff Patrick Carlou by his attorneys, SCHNADER HARRISON SEGAL & LEWIS
LLP, hereby responds to defendants GAGOSIAN GALLERY, INC:s and LAWRENCE

GAGOSIAN's, (collectively "GAGOSIAN DEFENDANTS"), Interrogatories pursuant to
Federal Rules of Civil Procedure 26 and 33 and Local Civil Rule 33.3. Plaintiff reserves his
right to supplement his Answers and Objections to Gagosian Defendants' Interrogatories if he
learns that in some material respect the response given was incomplete or incorrect. Plaintiff
responds to the Interrogatories as follows:

A-607

Case 1:08-cv-11327-DAB Document 48-25

Filed 05/14/10 Page 2 of 15

Interrogatory No.1
To the extent not reflected in any document produced by You in response to the
Document Requests, provide the name and last known address and telephone number of each
person or entity:
a. with whom You have entered into an agreement to license any right in any of the
Photographs, and for each such agreement, state the total amount of cash or in kind
consideration You have received in connection with such license;
b. with whom You have entered into an agreement to publish, distribute, market, offer
for sale, or otherwise exploit, Yes Rasta or any of the Photographs, and for each
agreement, state the total amount of cash or in kind consideration You have
.

\

received in connection with such agreements;
c. who has purchased an original or copy, in any format, of any of the Photographs,
and for each such person, state the amount of cash paid or in kind consideration
paid given for each such Photograph;
d. who has knowledge or information of any aspect of the creation, publication,
distribution or exploitation of the Photographs or Yes Rasta, and for each such
person or entity state the subjects of that information;
e. other than Your attorney with whom You have discussed the creation, exploitation
and pUblication of the Photographs or Yes Rasta;

f. assisted You or contributed to the creation of the Photographs;
g. with whom you have discussed any allegation in the Amended Complaint;

2

A-608

Case 1:08-cv-11327 -DAB Document 48-25

Filed 05/14/10 Page 3 of 15

h. each person or entity who has asserted a claim against You that by photographing
the subjects in any of the Photographs or publishing Yes RasIa, you have infringed
or violated any right of any such person or entity.

Response No.l(a)
Plaintiff Patrick Cariou objects to this Interrogatory as it calls for information beyond the
permissible scope of discovery as delineated by Local Civil Rule 33.3. Without waiving the
foregoing objection, Plaintiff states that he has not entered into any agreements with any
individuals or entities to license any right in any of the Photographs.

Response No. 1(b)
Plaintiff Patrick Cariou objects to this Interrogatory as it calls for infonnation beyond the
permissible scope of discovery as delineated by Local Civil Rule 33.3. Without waiving the
foregoing objection, Plaintiff states that he entered into an agreement with PowerHouse Books, a
division of PowerHouse Cultural Entertainment, Inc., to, inter alia, publish, copyright and sell

Yes Rasta. A copy of this Agreement previously was produced as a matter of initial disclosure.
Response No. 1(e)
Plaintiff Patrick Cariou objects to this Interrogatory as it calls for information beyond the
permissible scope of discovery as delineated by Local Civil Rule 33.3. Without waiving the
foregoing objection, Plaintiff states that individuals paid for original photographs taken by
Plaintiff which eventually were published in Yes RasIa as follows: Caroline de Maigret paid
$1,500.00 Euros per photograph for two original photographs; Nicolas Laurent Olivier Girard
paid $1,500.00 Euros per photograph for three original photographs; and Salina Hori paid $2,000
Euros for one original photograph.

3

PHDATA 3236&02_2

A-609

Case 1:08-cv-11327 -DAB Document 48-25

Filed 05/14/10 Page 4 of 15

Response to No. 1(d)
Plaintiff Patrick Cariou objects to this Interrogatory on the grounds that the phrase "any
aspect of the creation, publication, distribution or exploitation" is undefmed, rendering the
Interrogatory vague and ambiguous. Plaintiff further objects to this Interrogatory as it calls for
infonnation beyond the permissible scope of discovery as delineated by Local Civil Rule 33.3.
Without waiving the foregoing objections, Plaintiff states that Richard Foulster, proprietor of a
photographic development company located in New York City, The Small Dark Room, and Paul
Ritter, art director of Yes Rasta, assisted him in developing and compiling the photographs
eventually published in Yes Rasta.
Response to No.1fe)
Plaintiff Patrick Cariou objects to this Interrogatory on the grounds that the phrase "the
creation, exploitation and publication" is undefined, rendering the Interrogatory vague and
ambiguous, and that the Interrogatory is overly broad. Plaintiff further objects to this
Interrogatory as it calls for information beyond the permissible scope of discovery as delineated
. by Local Civil Rule 33.3, and is cumulative and duplicative oflnterrogatory No. l(d). Without
waiving the foregoing objections, Plaintiff states that he does not have information or belief
sufficient to answer this Interrogatory.
Response to No. 100
Plaintiff Patrick Cariou objects to this Interrogatory on the grounds that the phrase
"assisted You or contributed to the creation" is undefined, rendering the Interrogatory vague and
ambiguous. Plaintiff further objects to this Interrogatory as it calls for information beyond the
pennissible scope of discovery as delineated by Local Civil Rule 33.3. Without waiving the

4

PHDATA 3236802_2

A-610

Case 1:08-cv-11327-DAB Document 48-25

Filed 05/14/10 Page 5 of 15

foregoing objections, Plaintiff states that he does not have infonnation or belief sufficient to
answer this Interrogatory.

Response to No. l(g)
Plaintiff Patrick Carlou objects to this Interrogatory on the grounds that the phrase "any
allegation in the Amended Complaint" is overly broad. Plaintiff further objects to this
Interrogatory as it calls for infonnation beyond the pennissible scope of discovery as delineated
by Local Civil Rule 33.3. Without waiving the foregoing objections, Plaintiff states that he
discussed certain aspects of the facts underlying some of the allegations levied in the Amended
Complaint with Michael Elkin, an attorney practicing in New York City, and Thierry Daher, an
acquaintance residing in New York City.

Response to No. 1(h)
Plaintiff Patrick Cariou objects to this Interrogatory as it calls for infonnation beyond the
permissible scope of discovery as delineated by Local Civil Rule 33.3. Without waiving the
foregoing objection, Plaintiff states that no individuals or entities have asserted a claim against
him in any manner related to the Photographs or Yes RasIa.

Interrogatory No.2
Provide the name and last known business address and telephone number for each person
or entity with whom you have been employed, or have provided photographic or other services
as a contractor, consultant or otherwise during the period January 1,2000 through the present,
and for the purpose of computing categories of alleged damages, for each such person or entity
state:
a. the position held or nature of the services provided;

5

PHDATA 3236802_2

A-611
..... , .....

.~.

'

.. "'.

'

Case 1:08-cv-11327-DAB Document 48-25

Filed 05/14/10 Page 6 of 15

b. the period in which You were employed by, or provided services to each such person
or entity;
c. whether such employment, consulting, contracting or other arrangement was on a
full-time basis and ifnot, the number of hours worked each week; and
d. the total amount of remuneration or in kind consideration you received from each
employer or in connection with each such consulting, contractor, or other
engagement.

Response No. 2(a)
Plaintiff Patrick Cariou objects to this Interrogatory as it calls for information beyond the
permissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that he worked with an agent operating
out of New York City, Jean Gabriel Kauss, from 2003 through 200ft Mr. Kauss was
responsible, in part, for obtaining employment for Plaintiff from various periodical and other
business outlets during this period, including without limitation, EADS, Vogue and The New York

Times Magazine.

Response No. 2(b)
Plaintiff Patrick Cariou objects to this Interrogatory as it calls for information beyond the
permissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that his professional relationship with

Mr. Kauss lasted from 2003 until 2008.

6

PHDATA3236802_2

A-612
"

.......

'f

•

.....,

h

,

Case 1:08-cv-11327 -DAB Document 48-25

,.'

;

'-

.

:

,"

Filed 05/14/10 Page 7 of 15

Response No. 2(e)

Plaintiff Patrick Carlou objects to this Interrogatory as it calls for infonnation beyond the
pennissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Plaintiff further objects to this Request on the grounds that it is vague, ambiguous and overly
broad. Without waiving the foregoing objection, Plaintiff states that from 2003 through 2008 he
worked with an agent operating out of New York City, Jean Gabriel Kauss, for variable hours
each week.
Response No. 2(d)

Plaintiff Patrick Carlou objects to this Interrogatory as it calls for infonnation beyond the
pennissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that he does not have information or
belief sufficient to answer this Interrogatory.
Interrogatory No.3

To the extent not reflected in any document produced by you in response to the
Document Requests, provide:
a. the date on which, and the means by which, YOll fIrst became aware of the Artwork
and the Canal Zone exhibition;
h. the total amount of cash or other consideration You have received in connection with
any of the Photographs and Yes Rasta;
c. the date on which you fIrst launched the website www.patrickcariou.com and the
number oftimes the website is accessed each year;

7

PHDATA 3236802_2

....

A-613

Case 1:08-cv-11327-DAB Document 48-25

Filed 05/14/10 Page 8 of 15

d. the total number of copies of Yes RasIa and the number of Photographs You have
sold or given away each year since 2000 as a professional courtesy or marketing
effort and for each copy, state the amount of cash or other consideration You
received;
e. the total amount of cash or in kind consideration you received from the sale, license
or other exploitation of other Photographic work;

f. the date and location of each exhibition of any of the Photographs and for every such
exhibition state the total amount of cash or other consideration You received in
connection wish [sic] such exhibit;
g. the total amount [sic] remuneration or other consideration You have received in
connection with other Photographic Work;
h. the dates on which any other Photographic Work was published, exhibited, or
displayed and the location of each such exhibit or display.

Response No. 3(a)
Plaintiff Patrick Cariou objects to this Interrogatory as it calls for information beyond the
permissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil'Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that he fIrst became aware of the
unauthorized use of his copyrighted photographs by Richard Prince in the Canal Zone Exhibition
on or around November 15, 2008, when he was informed of the Canal Zone Exhibition by his
friend, Francesco Solari.

\ .

8

PHDATA3236802_2

A-614

Case 1:08-cv-11327 -DAB Document 48-25

Filed 05/14/10 Page 9 of 15

Response No. 300

Plaintiff Patrick Cariou objects to this Interrogatory as it calls for information beyond the
pennissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Plaintiff also objects to this Interrogatory on the grounds that the phrase "in connection with any
of the Photographs and Yes Rasta" is undefined, rendering the Interrogatory vague and
ambiguous. Without waiving the foregoing objections, Plaintiff states that documents reflecting
the information sought by this Interrogatory were produced to all Defendants on October 2,
2009.
Response No. 3(c)

Plaintiff Patrick Cariou objects to this Interrogatory as it calls for infonnation beyond the
permissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that he does not have infonnation or
belief sufficient to answer this Interrogatory.
Response No. 3(d)

Plaintiff Patrick Cariou objects to this Interrogatory as it calls for infonnation beyond the
permissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that he does not have infonnation or
belief sufficient to answer this Interrogatory.
Response No. 3(e)

Plaintiff Patrick Cariou objects to this Interrogatory as it calls for information beyond the
pennissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.

9

A-615
'

..
Case 1:08-cv-11327-DAB Document 48-25

Filed 05/14/10 Page 10 of 15

Without waiving the foregoing objection, Plaintiff states that he does not have infonnation or
belief sufficient to answer this Interrogatory.
Response No.

3m

Plaintiff Patrick Carlou objects to this Interrogatory as it calls for infonnation beyond the
pemlissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that photographs taken by him of
Rastafarians, some, ifnot all, of which were published in Yes Rasta, were displayed at the
Patrick Cariou Exhibition in Galerie 213 in Paris, France from September through October of
2000.

Response No. 3(g)
Plaintiff Patrick Carlou objects to this Interrogatory as it calls for information beyond the
permissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that he does not have infonnation or
belief sufficient to answer this Interrogatory.
Response No. 3(h)
Plaintiff Patrick Carlou objects to this Interrogatory as it calls for information beyond the
permissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Plaintiff further objectS to this Interrogatory on the grounds that the phrase "any other
Photographic Work was published, exhibited, or displayed" is overly broad. Without waiving
the foregoing objections, Plaintiff states that he does not have information or belief sufficient to
answer this Interrogatory.

10

A-616
.,"

'.;,:

..

~.

,

'

"';

Case 1:08-cv-11327-DAB Document 48-25

Filed 05/14/10 Page 11 of 15

Interrogatory No.4
Identify each person other than counsel who assisted with the preparation of, or
contributed content for, Your responses to these Interrogatories.

Response to No.4
Plaintiff Patrick Cariou objects to this Interrogatory as it calls for infonnation beyond the
pennissible scope of discovery as delineated by F.R.C.P. 26(b) and Local Civil Rule 33.3.
Without waiving the foregoing objection, Plaintiff states that no individuals assisted Plaintiff
with the preparation of, or contributed content for, his responses to these Interrogatories other
than his legal representatives or those individuals or entities otherwise listed in the

abovementioned responses.

11

PHDATA 3236802_2

A-617

Case 1:08-cv-11327 -DAB Document 48-25

Filed 05/14/10 Page 12 of 15

I, Patrick Cariou, the Plaintiff in the within action, hereby swear or affinn that I have read
the foregoing Answers and Objections to Defendants Gagosian Gallery, Inc's and Lawrence
Gagosian's Interrogatories and that the contents thereof are true and correct to the best of my
knowledge, information and belief.

Dated: October

2, 2009

~M

Notary Public, State of New WlI'IF----'
NO.02MU6123272
Qualified in NEW YORK County

Commission ExpIres MARCH 7. 20ta

12

A-618

Case 1:08-cv-11327 -DAB Document 48-25

Filed 05/14/10 Page 13 of 15

Dated: New York, New York
October .s ,2009
AS TO OBJECTIONS:
Respectfully submitted,

el J.
ri . Boden
140 Broadway, Suite 3100
New York, New York 10005
[phone]
Attorneys for PlaintiffPatrick Cariou

TO:
Hollis Gonerka Bart, Esq.
Dara G. Hammerman, Esq.
WITHERS BERGMAN LLP
430 Park Avenue, 10th Floor
New York, NY 10022-3505
Steven M. Hayes, Esq.
HANLY CONROY BIERSTEIN
SHERIDAN FISHER & HAYES LLP
112 Madison Avenue
New York, NY 10016-7416
John B. Sherman, Esq.
WEISMAN CELLER SPETT &
MODLINP.C.
445 Park Avenue. No. 1500
New York, NY 10022

13

PHDATA 3236802_2

A-619

Case 1:08-cv-11327-DAB Document 48-25

Filed 05/14/10 Page 14 of 15

Daniel J. Brooks
Eric A. Boden
SCHNADER HARRISON SEGAL & LEWIS LLP
140 Broadway, Suite 3100
New York, New York 10005-1101
Telephone: [phone]
Facsimile: [phone]
Attorneys for PlaintiffPatrick Cariou
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

---------------------------------x
PATRICK CARIOU,

Plaintiff,:
-against-

AFFIDAVIT OF SERVICE

RICHARD PRINCE, GAGOSIAN GALLERY,
INC., LAWRENCE GAGOSIAN, and
RIZZOLI INTERNATIONAL
PUBLICATIONS, INC.

08 CIV 11327 (DAB)

Defendants.:

---------------------------------x
STATE OF NEW YORK

)
) 55:

COUNTY OF NEW YORK

)

Claudia P. Manchola, being duly sworn, deposes and says:
That she is not a party to this action, is over eighteen (18) years of age, resides in Queens
County, Elmhurst, New York and that on the fifth (5 th) day of October, 2009, she served the
within PLAINTIFF PATRICK CARIOU'S ANSWERS AND OBJECTIONS TO
DEFENDANTS GAGOSIAN GALLERY, INC'S AND LAWRENCE GAGOSIAN'S
- INTERROGATORIES upon:

A-620

Case 1:08-cv-11327-DAB Document 48-25

Filed 05/14/10 Page 15 of 15

Hollis Gonerka Bart, Esq.
Darn O. Hammerman, Esq.
WITHERS BERGMAN LLP
430 Park Avenue, 10th Floor
New York, NY 10022-3505
Steven M. Hayes, Esq.
HANLY CONROY BIERSTEIN
SHERIDAN FISHER & HAYES LLP
112 Madison Avenue
New York, NY 10016-7416
John B. Shennan, Esq.
WEISMAN CELLER SPETT &
MODLINP.C.
445 Park Avenue, No. 1500
New York, NY 10022
by depositing a true copy of same securely enclosed in a federal express package for overnight
delivery in an official depository under the exclusive care and
Service Department within the State of New York.

Sworn to before me this
5th day of October, 2009.

~~
.

ublic

.

CYNTHIA A. MURRAY
Notary PubHc. State of NeW Volt
NO.02MU6123272
Qualified in NEW YORK County
Commission Expires MM1CH 7, 2013

A-621

Case 1:08-cv-11327-DAB Document 48-26

Filed 05/14/10 Page 1 of 1

\
powerHouse Books
FOR IMMEDIATE RELEASE:
poW$"House Books announces the pubHcation of

Yes Rasta
Photographs by Patrick Cariou
Essay by Perry Henzell
.
.
.

,

With a penchant fOr adveriture, is it no wonder photographer Patrick Cariou-whose fm book.
SURt="ERS, drew tidal waves of praise--joumeyed to Jamaica, a land he calls "pure madness, and one
of the most dangerous places on earth that is not at war.· There he encountered the secluded world of
the Rastafa~ans, a world, culture, and religion closed to outsiders. Cariou slowly gained their trust, and
they began to let him take their picture. With bold black-and-white pOrtraits and landscapes, Cariou
indelibly captured the strict, separatist, jungle-dwelling frult-of-tbe-land lifestyle. popularized by reggae
le~ends Bob Marley I Peter Tosh. ~nd Burning spear in portraits never seen untD now.

.

,

In YES RASTA-4he phrase spoken by true

Rastafari when greeting each other-Cariou's direct.

classical photographs reveal men Whose style a'nd attitUde are. as distinctive as their dreadlocks. Men
Who .hilve left the mOdem world of Babylon in pursuit of their own independence. Men Whose liVes are
interlWimKI with the trapjcallanclscape. and whose rituals, symbols. philosophies. religion, medicine,
agriculture, family structure, and remark~ble strength make THE d.efinitive statement of self-reliance.
Patrick cariOY's first book. SURFERS (powerHouse Books, 1998), was described by Vanity Fair as
"awesomely beautiful." Cariou's work has appeared in Vogue Hommes International, Conde Nest
Traveler. GQ, and Marie Claire, among others. CSriou lives and works in New York City.

Perry Henzell is best known as the producer of the classic cult film The Halder They Come. Born In
Jamaica, ~nzell founded Vista Productjons and made over 200 commercials there during the '60s. He
is also the author of the novel PoWer Game. Henzell is currently casting The Hamer They Come 2.
PHOTOGRAPHYJREGGAECUlTURE

Hardcover, 10.25 x 12.75 inches, 176 pages, 105.tritone photographs
ISBM: 1-57687-073-1
$60.00
For more information, please contact Sara Rosen, Publicity Director
powerHouse Books, 68 Charlton Street, New York, NY 10014
Tel: [phone], Fax: 212·366-5247, email: [e-mail]

68 CharltDn Street New York, NY W014-4601 iel 212 604 9074 fax [phone] [e-mail]
JIl)WeI11ouse Books Is a dMsiOO of powerH_ ClJltl.llal Entertain!nent. Inc.

PHOOOI

l'atrlcK Lanou
t'atncK canou

Page 1 of 1

@r EXHIBITlL
@)r EXHIBITlL
RI

u

Deponent C.ARIOU
Deponentc.e
0

Dai/~~Ptr.~
DatV~~Ptr.&..
WWWDEPoBOo~r.OM
WWWDEPoBOoK.COM

SURFERS
----

YES
RASlA

--

~

= ""' "
:" ;'i!r: .. ...-'"

l··l:,

.r,

:. .,

.

.

\

~_~ ",
..
~

,.

.~

~,

Magazine Work

Order Now

Surfers Book Text
Rasta
Yes Rasla Text
Trench.town
Trench10wn Love Text

Sur'fers
Surfers
Rasta
Rast..a
Trenehtownlove
Trenchtownlove

Polynesian Project

A-622

Yes Rasta Book

Contact

Surfers Book

y~
Ye~

Gypsy Project

http://www.patrickcario u.com/main_menu.html
http://www.patrickcariou.com/main_menu.html

TrenG,htown

GGP004340

Lov
~

111112010

A-623

A-624

A-625

GGP004343

A-626

GGP004344

A-627

GGP004345

A-628

A-629

A-630

A-631

GGP004349

A-632

GGP004350

A-633

GGP004351

A-634

GGP004352

A-635

GGP004353

A-636

GGP004354

A-637

GGP004355

A-638

GGP004356

A-639

A-640

A-641

GGP004359

A-642

A-643

A-644

N

CD

C'?

o
"'"
o

c..

(!)
(!)

I A-645 I

A-646

A-647

A-648

GGP004366

A-649

G

A-650

co
CD

M

;g
o

D-

C,!)
C,!)

A-651

I..fI

0

..

~

0

•

C\j

tJ'. ....,
Q.I

..c
I-

C

0

..
4

en

..,
CD

C")

0
0

c..

(,!)
(,!)

A-652

A-653

A-654

A-655

GGP004373

A-656