The Second Circuit affirmed dismissal of copyright claims by photographer Janine Gordon against Ryan McGinley and several art galleries who displayed and sold his works, including my client Ratio 3 Gallery. Based on the hundreds of images submitted by Gordon, the court held there was no substantial similarity between the photographers' works.

The court vacated dismissal of Gordon's state law claims, holding that the district court should have determined whether they were preempted by federal copyright law and, if they were, dismissing them with prejudice so they could not be refiled in state court.

A conference has been scheduled for this month to determine how to proceed on our motion to dismiss the state law claims as preempted.