Photographer Harry Benson got a shock when he opened the February 26 edition of The New York Times and saw an article showing one of his images in the Whitney Museum of Art’s Biennial exhibition.
The photograph with the
Times story showed an installation by artist
Lorraine O’Grady that paired photos of Michael Jackson and poet Charles Baudelaire. Benson recognized an image of Jackson as one he had taken at the musician’s Neverland ranch in 1993. Benson had not given O’Grady permission to use his photo.
“It’s a horrible feeling to see your work stolen,” says Benson, a celebrity photographer who shot the image for Architectural Digest. “It’s like someone’s gone in your house and stolen something.”
The press release for the Whitney Biennial describes O’Grady’s piece, titled “The First and Last of the Modernists,” as “an installation of photographs and photo collage that deals with appropriation and cultural identity.”
Benson contacted O’Grady, who lives in New York, to question her unauthorized use of his image. According to Benson, she told him she is “a conceptual artist.”
“What it is,” says Benson, “is conceptual plagiarism.”
(Left: © Harry Benson 1993. Above, right: Detail from photo of O'Grady's installation © Chad Batka for The New York Times.)
O’Grady also told Benson she was planning to reproduce the diptychs in an edition of 10. Next Benson contacted the Whitney, and ended up speaking with Nick Holmes, a lawyer for the museum.
Holmes was “not unsympathetic,” according to Benson, and offered to have Benson’s photo credit placed next to O’Grady’s display. “I just want the picture taken down,” Benson says.
Benson says he currently has no plans to contact a lawyer or pursue a copyright claim in federal court. “I wasn’t talking about money” with Holmes, he says. “I don’t want to be remembered for Benson v. O’Grady.”
Calls to the Whitney were referred to Nick Holmes, who did not respond to our request for comment. O’Grady did not respond to PDN’s email.
PDN asks for your help in identifying the other photographers whose images were used in O’Grady’s diptychs. Do you recognize the photos?