McNatt v. Prince et al

Filing 278

FINAL JUDGMENT IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. The Court has jurisdiction over the subject matter of this action and personal jurisdiction over the parties. 2. Judgment is entered in favor of Plaintiff and against Defendants for the claims asserted against them as set forth in the Complaint, and Defendants' defenses are dismissed with prejudice. 3. Defendants are enjoined from reproducing, modifying, preparing derivative works from, displaying, selling, offering t o sell, or otherwise distributing the photograph Kim Gordon 1 (identified in paragraph 1 of the Complaint), the Instagram post and the work Portrait of Kim Gordon (identified in paragraphs 3, 22, and 25 of the Complaint), and the art book (identif ied in paragraphs 6 and 38 of the Complaint), including any copies of any of the foregoing. 4. Plaintiff is awarded damages in an amount equal to five times the sales price for Portrait of Kim Gordon (as set forth in BLUM 0001085), plus all costs i ncurred by Plaintiff, as agreed-upon by the parties. 5. Compliance with this judgment may be enforced by Plaintiff and his successors in interest or assigns, and the Court retains jurisdiction to enforce or supervise performance under this judgment. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/24/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ERIC MCNATT,
Plaintiff,
V.

Case No . 1: 16-cv-08896-SHS
RICHARD PRINCE, BLUM & POE, LLC, AND
BLUM & POE NEW YORK, LLC,
Defendants.

FINAL JUDGMENT
WHEREAS on July 25 , 2014, Plaintiff Eric McNatt authored and obtained a
copyright in the photograph entitled Kim Gordon 1, which McNatt registered with the United
States Copyright Office on September 12, 2014.
WHEREAS Defendant Richard Prince incorporated Kim Gordon 1 into a work
referred to as Portrait of Kim Gordon, and Defendants Blum & Poe, LLC and Blum & Poe New
York LLC (together "Blum & Poe") exhibited Portrait of Kim Gordon and released a book
including Portrait of Kim Gordon.
WHEREAS on November 16, 2016, Plaintiff initiated the present
litigation.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows :
1.

The Court has jurisdiction over the subject matter of this action and

personal jurisdiction over the parties.
2.

Judgment is entered in favor of Plaintiff and against Defendants for the

claims asserted against them as set forth in the Complaint, and Defendants' defenses are
dismissed with prejudice.

3.

Defendants are enjoined from reproducing, modifying, preparing

derivative works from , displaying, selling, offering to sell, or otherwise distributing the
photograph Kim Gordon 1 (identified in paragraph 1 of the Complaint), the Instagram post and
the work Portrait of Kim Gordon (identified in paragraphs 3, 22, and 25 of the Complaint), and
the art book (identified in paragraphs 6 and 38 of the Complaint), including any copies of any
of the foregoing.
Plaintiff is awarded damages in an amount equal to five times the

4.

sales price for Portrait of Kim Gordon (as set forth in BLUM 0001085), plus all costs
incurred by Plaintiff, as agreed-upon by the parties.

5.

Compliance with this judgment may be enforced by Plaintiff and his

successors in interest or assigns, and the Court retains jurisdiction to enforce or supervise
performance under this judgment.

Dated:
New

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