A Brooklyn art gallery has been hit with a federal lawsuit after allegedly using a copyrighted photo of Jay-Z to create and sell collectible figurines modeled after the rap legend.
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 is at the center of the case. The image — showing Jay-Z seated in front of a plain white backdrop wearing a striped red-and-navy sweatshirt, red pants, and chunky gold jewelry — is registered with the U.S. Copyright Office and exclusively licensed through August. (White spoke to Complex in 2018 about the photo and meeting Jay-Z.)
The lawsuit claims Brooklyn gallery AM:PM produced and sold stylized figurines called “Jaybois” around 2020. Court exhibits show screenshots from AM:PM’s Instagram accounts, including a dedicated page for the figurines, with the toys posed in front of Brooklyn landmarks like Barclays Center and the Brooklyn Bridge — and even photographed beside a KAWS figure. Several pages in the filing show multiple examples of these posts.
August alleges AM:PM not only sold the “Jaybois” without permission but also used Timothy White’s exact portrait on social media to promote the toys, reproducing and displaying the image without authorization. The complaint says the gallery “copied, reproduced, displayed, and/or distributed” the copyrighted photo in connection with its commercial sales.
The suit further accuses AM:PM of creating illegal derivative works, claiming the gallery cropped and altered the original photo for marketing tied to the figurines.
Although 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 factor in 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 AM:PM earned from the alleged misuse of the image. The agency also wants the court to prohibit the gallery from using the photo in any form moving forward. AM:PM has not yet commented on the lawsuit.
