As reported by IPWatchdog on July 24, 2026, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of sculptor Michael Hayden’s copyright claims against Jeff Koons and his studio as untimely. In Hayden v. Koons, Hayden alleged that Koons incorporated a snake-and-rock sculpture he had made for Ilona Staller into works from the 1989 “Made in Heaven” series. Although Hayden said he did not learn of the use until 2019 and sued in 2021, the court concluded that a reasonably diligent rights holder should have discovered the alleged infringement earlier, given Hayden’s ties to Staller and the art world, as well as the publicity surrounding the works after their 1990 Venice presentation.
The ruling does not impose a blanket duty on artists to search every exhibition record or media archive. It does, however, show how public display, sustained press coverage and a rights holder’s proximity to the relevant market can shape the discovery analysis under the three-year limitations period. Artists, galleries and successors in title should preserve authorship and licensing records and monitor major exhibitions, catalogues and resale activity. A claim may fail on timing before a court ever reaches the underlying question of copying.
