Written by Barney Jensen Wednesday, 31 August 2011 00:51

Photographer Michael Dweck Awarded $100K from Malibu Denim Co.

NEW YORK, N.Y.- A denim designer must pay photographer Michael Dweck $100,000 for using his photograph of a nude female surfer to sell blue jeans, a federal judge ruled. Dweck sued designer Diana Amadi and her unincorporated Malibu Denim Co. in March 2010, for using his photograph "Sonya, Poles, Montauk, NY 2002" for "advertising, promotion and sales of its jeans" since 2009. Dweck's photograph, which depicts a young, naked woman running with a surfboard to the ocean, appeared in his first major photographic volume, "The End: Montauk, N.Y." in 2004.  As described by the artist, "It is an evocation of a real-world paradise lost: the paradise of summer, youth, and erotic possibility, and of community and camaraderie in a perfect setting."

In 2002 Dweck began to photograph subjects and scenes around Montauk, focusing on its surfing subculture. The photos evoked "the paradise of summer, youth, and erotic possibility, and of community and camaraderie in a perfect setting." The work is a blend of nostalgia, documentary, and fantasy.

Dweck would parlay this collection of art photos into the 2003 solo show at Sotheby's in New York and the 2004 first published book of his photographs titled The End: Montauk, N.Y., published by Harry N. Abrams. The 5,000-print run was sold out in less than three weeks. The brisk sell-out of the book was attributed to its local interest, the beauty of the photography, and the allure of the nude models.

Dweck said Amadi used his iconic photo to advertise Malibu Denim, and included the image in hang-tags on every pair of her $160-to-$200 jeans.

Dweck says he never licensed the image for commercial use, and the copyright breach risked alienating his fine art customer base.

The photo sold for $30,000, according to an auction catalog.

Amadi and Malibu Denim never answered the complaint, and a default judgment was entered against them on Jan. 25.

U.S. District Judge Richard Berman entered the six-figure award on Monday.

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