An American artist created a Styrofoam sculpture in Italy in the late 1980s and sold it to a production company owned by a well-known Italian adult film star and politician. About a year later, another artist, internationally recognized for his “appropriation” style, used the sculpture as a set for a series of photographs with the film star, which were subsequently incorporated into several pieces of art. These works were widely exhibited and publicized in Italy and internationally beginning around 1989. The sculptor claims he did not become aware of the alleged infringement until he saw a news article about the works in 2019. He obtained a U.S. copyright registration for the sculpture in 2020 and filed suit against the appropriation artist and his company in December 2021, later adding the artist’s LLC as a defendant.

The United States District Court for the Southern District of New York considered cross-motions for summary judgment. It granted the defendants’ motion, holding that the copyright infringement claim was time-barred because the plaintiff, given his immersion in Italian culture and proximity to the events, should have discovered the alleged infringement well before 2019. The court further ruled that, because the copyright claim was untimely, the related Digital Millennium Copyright Act (DMCA) claim and a request for reconsideration of the damages period were moot.

On appeal, the United States Court of Appeals for the Second Circuit reviewed the district court’s decision de novo. The Second Circuit affirmed the lower court’s judgment, holding that the copyright infringement claim was time-barred under the discovery rule, as a reasonably diligent copyright holder in the plaintiff’s position would have discovered the alleged infringement more than three years before filing suit. The appellate court also declined to consider the plaintiff’s argument regarding the independent accrual of the DMCA claim, as it was neither properly preserved nor adequately presented on appeal. View “Hayden v. Koons” on Justia Law