Artist Jeff Koons defeats sculptor’s copyright lawsuit

US pop artist Jeff Koons convinced a federal judge in Manhattan on Tuesday to throw out a lawsuit claiming Mr. Koons infringed a set designer’s copyrights by depicting his work in paintings and other artwork more than three decades ago.

US District Judge Timothy Reif said that Michael Hayden should have known of Mr. Koons’ alleged infringement “well before” bringing his 2021 lawsuit, concluding he waited too long to sue.

Mr. Hayden’s attorney Jordan Fletcher of Fletcher Law said he and his client disagree with the ruling and intend to appeal. An attorney and spokespeople for Mr. Koons did not immediately respond to a request for comment.

Mr. Hayden said in his lawsuit that he designed sets and props for Cicciolina, an Italian porn star and politician whose given name is Ilona Staller, in the 1980s. He said he made a sculpture of a serpent wrapped around a rock for Cicciolina to perform on in 1988.

Mr. Koons was photographed with Ms. Staller in Italy in 1989 for his “Made in Heaven” series, which included a billboard, wood sculpture, and oil paintings featuring the two on Mr. Hayden’s platform. Mr. Koons and Ms. Staller were married in 1991 and divorced in 1994.

Mr. Hayden said he first learned of Mr. Koons’ use of his work in 2019. He sued for copyright infringement in 2021.

Mr. Koons told the court that his works made fair use of the sculpture and that Mr. Hayden waited too long to bring his case. Mr. Reif agreed with Mr. Koons on Tuesday that Mr. Hayden’s copyright claim was time-barred.

The judge noted that Mr. Hayden lived in Rome when Mr. Koons’ work premiered in Venice in 1990 and caused a “media sensation and scandal” in Italy.

“It is reasonable to expect that someone who created sculptures and stage props specifically for a ‘household name’ like Staller and who consumed Italian news would hear of her involvement in a major, international art exhibition such as the Venice Biennale,” Mr. Reif said. — Reuters