Courtesy Patrick Cariou

A work by Patrick Cariou, left, with Richard Prince's appropriation of it

Courtesy Patrick Cariou

Works by Cariou, left, and Prince

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At issue are 22 paintings in Prince's "Canal Zone" series, which borrow photographs from Cariou's 2000 book Yes Rasta, shot over a decade in the mountains in Jamaica, and combine them with brushwork or pornography. According to Gagosian's filing, eight were sold when they were exhibited at the gallery last November and December, at prices ranging from $1.5 million to $3 million.

Cariou is seeking unspecified damages as well as the “impounding, destruction, or other disposition” of all 22 works.

Gagosian's lawyers assert in their response that “the works of art by Prince utilize small portions of the photographs, together with other images and media, to create a new and unique work which comments upon certain aspects of culture” and that they were done with "genuine creative rationale" and "without bad faith."

"This case goes way beyond fair use,” Cariou told the Art Newspaper. “They used 30 pictures of mine. If you’ve seen the Canal Zone book, it starts with Rasta, it ends with Rasta — it is the centrality of it, there is no question.”

Prince said in his response that Cariou's images are not “‘strikingly original’ or ‘distinctive’ in nature” and that their value has been "enhanced rather than decreased” as a result of his use of them.

Prince, who has made a career of appropriation art, was sued for copyright infringement in the 1980s by another photographer, Garry Gross; the case was reportedly settled out of court.

Cariou said he has already received a "settlement proposal" and would consider settling, but "it’s a big number we’re talking about.”

About Prince's assessment of his work, Cariou responded, “I could be a really bad photographer, but in that case why did you use 30 of my pictures?”