Artist Kelly Reemtsen filed a copyright lawsuit against David Salle on June 22, 2023, in the US District Court for the Central District of California. The suit alleges that Salle's 2025 painting Hatchet copied protected elements from two of Reemtsen's works, seeking damages and an injunction against further sales or exhibitions of the painting.
Details of the Copyright Lawsuit
The complaint claims that Hatchet is “strikingly similar” to Reemtsen's works, namely Impact and It’s All Black and White. Both of Reemtsen's pieces depict a woman in a striped dress holding a sledgehammer or an axe. The lawsuit emphasizes that the pose, perspective, and clothing in Salle's painting closely mirror those in Reemtsen's art.
The lawsuit also seeks that Hatchet be either returned to Reemtsen or destroyed, highlighting the impact of the alleged infringement on her professional relationships and focus.
The Role of Artificial Intelligence in Salle's Artwork
David Salle utilized artificial intelligence in creating Hatchet, collaborating with an engineer to develop a generative AI model based on his previous works. This model generates new images using curated selections from his past, prompting discussions about originality and authorship in contemporary art.
Following the painting's public unveiling in the exhibition My Frankenstein at Sprüth Magers Los Angeles, social media users began to draw parallels between Hatchet and Impact. One viral video posed the question: “Did Salle steal this woman’s idea, or is it just harmless appropriation?”
Responses from the Art Community
Dealers Monika Sprüth and Philomene Magers defended Salle's practice of appropriation, noting it as characteristic of his work and a part of a larger tradition among artists. They stated that Salle’s acknowledgment of using Reemtsen's image had “restarted a decades-long dialogue about authorship for new audiences.”
The controversy has drawn attention to the complexities surrounding copyright in the art world, particularly as it pertains to AI-generated works. Reemtsen's attorney, Matthew Swanlund, emphasized the lawsuit's aim to protect the integrity of her original artworks and the rights of artists under federal copyright law.
As of now, Salle has not commented on the lawsuit, and Sprüth Magers has refrained from discussing the matter, citing the ongoing legal proceedings.
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