JANINE GORDON CHALLENGES RYAN MCGINLEY COPYRIGHT DECISION
Nov. 18, 2011
Ryan McGinley is still not free free from the dramatic copyright battle being waged against him by fellow photographer Janine Gordon. Gordon, who accused McGinley of copying the composition, content and overall feel of 150 of her photographs, lost her case this summer. But now she has filed a notice of appeal -- and she plans to represent herself.
“They scared my lawyer away,” she said in an email, “and that was the best thing that could happen because I am reading what a mess they made of the law!”
McGinley, as well as co-defendants Levi’s, Team Gallery and Ratio 3 Gallery, are cross-appealing for legal expenses. According to court documents, they are asking for a collective $106,000, which McGinley’s lawyer, Jack Gordon, wrote is “substantially less than the actual fees incurred.” Jack Gordon, who charges $485 an hour, said he billed McGinley $61,581, though the artist is only seeking $25,000 from Gordon, partly because of her “stated financial condition.” Or, as Janine Gordon put it, “they eat lobster and drink champagne and I eat beans and soup for dinner.”
Janine Gordon’s appellate brief was originally due Dec. 2, 2011, but this week she petitioned the U.S. Court of Appeals for the Second Circuit for a 60-day extension because of the holidays and so she has time to “educate myself in the law,” as she wrote in her motion. She says she took some art law classes in college.
After the original decision, McGinley offered to forgo suing Gordon for legal expenses if she agreed not to appeal. But, Gordon insists, “I will take this to the bitter end with them.” Sounds like she means it.