Industry News


Jay-Z Files Lawsuit Against Photographer Jonathan Mannion for “Exploiting” His Likeness

June 21, 2021

By Hillary K. Grigonis

Adam J. Sablich/Shutterstock

Rapper Jay-Z has filed a lawsuit against the photographer who shot his first album cover, Reasonable Doubt, claiming that Jonathan Mannion sold those images “on the arrogant assumption that because he took those photographs, he can do with them as he pleases.” The court document, filed in Los Angeles at the federal court level on June 15, also says that the rapper did not give the photographer “the right to use or exploit his likeness” in prints and merchandise, or licensing the image to others. The court case rides on a California Publicity Law, despite the photographer—and the location of the first shoot—residing in New York.

The court documents claim that Mannion has created a “highly profitable business” by selling images from that shoot for the 1996 album. The documents in the lawsuit say that the rapper has asked the photographer to stop selling the images, but that Mannion asked for “tens of millions of dollars” to do so.

[Read: Fair Use or Copyright Infringement? Analysis of the LeBron James Social Media Lawsuit]

“As a self-described ‘professional photographer,’ Mannion knows or should know that he needs Jay-Z’s permission to sell photos containing Jay-Z’s image,” the court document states. “Mannion does not care. It is an all-too-common occurrence in the music industry for a person in Mannion’s position to take advantage of up-and-coming stars who are not always in a position to vindicate their rights.”

While U.S. copyright law says that the copyright belongs to the person who took the photograph and not the person in the photograph, the complaint claims the photographer is violating California Publicity Law. California statue requires an individual’s permission to use their likeness for commercial purposes. The law states that a person’s likeness cannot knowingly be used “on or in products, merchandise, or goods, or for the purposes of advertising or selling.”

[Read: 6 Copyright Infringement Cases Photographers Should Know About]

According to the Digital Media Law Project, the law protects against “knowing” use and use for advertising. Courts often look at whether there is a connection between the use of the image and a commercial purpose, DMLP explains.

While the rapper is now a resident of California, Mannion and his photography business are based in New York. The photos for the 1996 album were shot in Manhattan on the roof of the photographer’s apartment building at the time. The photographer and rapper continued to work together, with Mannion working alone or with other photographers, on eight of Jay-Z’s early albums through 2003.

Mannion has photographed more than 300 album covers over the span of a 25-year career that started with a studio assistant position with Richard Avedon. The photographer has now photographed more than 500 rappers, actors, athletes and other celebrities. Much of his work follows the photographer’s own love for hip-hop.

A legal representative for Mannion provided a statement to online music publication Pitchfork in response to the lawsuit that reads: “Mr. Mannion has created iconic images of Mr. Carter over the years, and is proud that these images have helped to define the artist that Jay-Z is today. Mr. Mannion has the utmost respect for Mr. Carter and his body of work, and expects that Mr. Carter would similarly respect the rights of artists and creators who have helped him achieve the heights to which he has ascended. We are confident that the First Amendment protects Mr. Mannion’s right to sell fine-art prints of his copyrighted works, and will review the complaint and respond in due course.”