Photographer sues over copyright infringement over iconic portrait of “King of New York“ rapper The Notorious B.I.G

The estate of deceased four-time Grammy nominated rapper The Notorious B.I.G has entered a lawsuit against iCanvas, a small printing company, and major U.S. retailers Target and Home Depot among others, accusing them of selling unauthorized canvas prints of the rapper’s ionic “King of New York” photograph – referred to as the ‘Mona Lisa of hip-hop.’

Photographer Barron Claiborne took the famed portrait of the rapper Christopher George Latore Wallace, also known as Biggie Smalls just three days before his death in 1997 from a drive-by-shooting in Los Angeles, age 24.

According to documents filed on February 04 in federal court by members of the Notorious B.I.G. LLC, the estate alleges that Target and Home Depot illegally sold prints produced iCanvas, a company that the estate claims showed a “complete disregard for celebrities’ personal rights, lack of respect for artists’ efforts, and disdain for intellectual property law, when distributing the image.

The famous image features The Notorious B.I.G. wearing a crown and a serious expression against a red backdrop, symbolizing his status as the “King of New York”. Claiborne has teamed up with the estate to file the lawsuit, mentioned that the crown used in the image was $6, and famously sold for nearly $595,000 at a 2020 Sotheby's auction.

iCanvas is accused of selling the prints without permission for over eight years, in direct sales as well as through major retailers. When contacted about the infringement in 2023, Home Depot, Nordstrom and Target reportedly removed the infringing products from their stores, however, the lawsuit claims that iCanvas and Bed Bath & Beyond have continued to sell their prints.

“Defendants specifically chose to use Mr. Wallace’s persona, name, image, likeness, and related marks, and Mr. Claiborne’s K.O.N.Y. photograph series, in an attempt to capitalize on their fame and extraordinary financial value,” Biggie’s estate wrote in the suit. “Defendants, through their conduct, have caused, and will continue to cause, substantial irreparable injury to Mr. Wallace’s and Mr. Claiborne’s reputation and marketability, decreasing the number and value of future endorsement, collaboration, and partnership opportunities available to BIG, Republic, and Mr. Claiborne.”

Both parties allegedly claim they have collaborated closely with Republic Merchandising Inc., a California-based company that manages merchandising related to the Notorious B.I.G., which is also named in the complaint.

According to the legal document, Mr. Claiborne’s careful stewardship of his “King of New York” (K.O.N.Y.) photography series, which has involved strategic licensing and a longstanding partnership with BIG and Republic, has been key in preserving the photograph’s legacy, relevance and value.

This is not the first time Notorious B.I.G. LLC has gone to court over the use of Biggie Smalls image. The firm filed a similar suit in March 2019 against hip-hop photographer Chi Modu and a snowboard design company. When Modu died the suit passed to his widow, and was dismissed following a settlement in January 2024.

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