New Orleans Pelicans Sued Over Instagram Photos Featuring ‘Infringing’ Basketballs
The New Orleans Pelicans have been sued over Instagram photos that feature rows of wall-mounted deflated basketballs in the background, which an artist claims were stolen from his copyrighted artworks.
Visual artist Tyrrell Winston has filed a lawsuit against the New Orleans Pelicans, claiming the NBA team copied his signature artwork in a 2024 photo shoot. The complaint, filed Wednesday in the U.S. District Court for the Eastern District of Michigan, alleges that the team’s promotional images are “substantially similar” to his copyrighted pieces featuring deflated basketballs arranged in a grid.
According to the lawsuit, the Pelicans posted several photos on Instagram showing players — including Dejounte Murray, Brandon Ingram, and Daniel Theis — posing in front of a five-by-five grid of flattened basketballs mounted on a white wall. Winston argues the display is nearly identical to his own work, which he says features the same format and visual style.
Winston, based in Michigan, is best known for his sculptures of deflated basketballs arranged in neat, rectangular patterns. According to Bloomberg Law, the complaint states that Winston’s broader Skewers series has earned international recognition and is praised for its emotional and conceptual depth. He accuses the Pelicans of deliberately copying his work “to capitalize on the distinctiveness of Mr. Winston’s signature style and the popularity of the artwork.” He claims he sent a cease-and-desist letter to the team in October 2024 but received no response, and that the team has continued to share the photos despite his objections.
According to Sportico, which first reported on the lawsuit, the Instagram posts in question have attracted significant engagement online — thousands of likes, shares, and comments — all, Winston claims, without his permission. The artist is asking for a jury trial, monetary damages, and a court order to stop the team from using or sharing any more photos he believes infringe on his copyright.
The Pelicans have not publicly commented on the lawsuit. However, Sportico suggests that the team may argue the posts fall under “fair use,” a legal doctrine that allows limited use of copyrighted material under certain conditions. That argument could hinge on whether the Pelicans’ photos altered the original idea enough to be considered new work — for example, by adding players and changing the arrangement of the basketballs.
Image credits: All photos via court documents.
