An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for the “appropriation artist” whose use of other artists' material in his own works has made him no stranger to the courts argued before a federal judge late Tuesday afternoon.

At issue in photographer Donald Graham's lawsuit against Richard Prince is a black-and-white photo titled “Rastafarian Smoking a Joint.”

Graham alleges that he took the photo during a 1996 trip to Jamaica and that it was first published in August 1998. The work was registered with the U.S. Copyright Office on Oct. 20, 2014.

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