Appeals court sides with Jeff Koons in copyright dispute over 'Made in Heaven' series

In New York, a federal appeals court has affirmed a lower court's decision to dismiss artist Michael A. Hayden's copyright-infringement case against Jeff Koons, citing that Hayden delayed too long in filing his claim. The Second Circuit panel upheld Judge Timothy M. Reif's February 2025 ruling, which indicated that Hayden should have identified the allegedly infringing Koons pieces before the three-year statute of limitations lapsed. The conflict involves a coiled snake sculpture created by Hayden for Ilona Staller (Cicciolina), featured in Koons's 'Made in Heaven' series (1989-91). Although Hayden became aware of the Koons works in 2019 and filed suit in December 2021, the court, led by Judge Denny Chin, noted that copyright holders cannot ignore significant media coverage. Additionally, the court rejected Hayden's Digital Millennium Copyright Act claim regarding Koons's website, as the arguments were inadequately preserved. This ruling adds to Koons's legal challenges, including a 2021 loss in France where he and the Centre Pompidou were ordered to pay €190,000 for infringing Franck Davidovici's work.