A Manhattan judge has extinguished a motion by a well-known “appropriation artist” to dismiss an infringement lawsuit filed against him by a photographer who says his photo “Rastafarian Smoking a Joint” was bogarted for one of the artist’s works without permission.

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

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