On June 1, 2026, Robert Wyland, a Florida-based environmental artist, filed suit in the United States District Court for the Northern District of Texas against building owner Slate Asset Management, 3PZ Property Company, LLC and the Fédération Internationale de Football Association (FIFA) and its affiliates.[1] Wyland alleges that, in May 2026, roughly one month
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Total Concept, Total Confusion?: Miles Davis, a Tattoo, and Rethinking the Ninth Circuit’s Extrinsic-Intrinsic Test
By Catlin Myers
On January 2, 2026, the Ninth Circuit, in a per curium opinion, affirmed the jury’s verdict in Sedlik v. Von Drachenberg, a copyright infringement case involving a tattoo by celebrity artist Kat Von D and a photograph of Miles Davis.[1] The appeal centered on the Ninth Circuit’s decades‑old—yet frequently criticized—extrinsic–intrinsic test for substantial…
Easy Does It: Copyright Registration Reform Under the Proposed Visual Artists Copyright Reform Act of 2025
Bipartisan members of the Senate Judiciary Committee, Senators Marsha Blackburn (R-Tenn.) and Peter Welch (D-VT), have introduced the “Visual Artists Copyright Reform Act of 2025” (“VACRA”), a bill aimed at streamlining the copyright registration process for visual artists.[1] The bill answers concerns expressed by commercial photographers and other high-volume artists that the current…
Hughes Hubbard’s Art Law Practice Again Recognized by Chambers High Net Worth Guide
By HHR Art Law
For the sixth consecutive year, the Chambers High Net Worth guide, which focuses on the private wealth sector, recognized Hughes Hubbard as one of the nation’s leading law firms for Art and Cultural Property Law.
Chambers ranked the firm’s Art Law practice in the second-highest band among the top firms nationwide.
“Hughes Hubbard offers impeccable…
Sneak Peek: Copyright Office Releases Pre-Publication Version of Third Report on Generative AI
On May 9, 2025, the U.S. Copyright Office released a “pre-publication” version of Part Three of its planned reports on the intersection between copyright and generative artificial intelligence (“AI”). Titled “Part 3: Generative AI Training,” the Report addresses whether AI companies may use copyrighted material to train their product. Part One, discussed previously on…
Model Law: The New York State Fashion Workers Act
On June 19, 2025, the New York State Fashion Workers Act (the “Act”) goes into effect, triggering numerous changes to the current employment structure for models in New York. The Act,[1] which Governor Hochul signed into law in December 2024, amends New York’s Labor Law to establish new responsibilities and penalties for agencies in…
Stand and Deliver: Another Try at Co-Owner Standing in Copyright Cases in the Ninth Circuit
Previously on this blog, we reported on Miley Cyrus’s motion to dismiss a copyright infringement action against her and several co-defendants over the song “Flowers.”[1] On March 18, 2025, the U.S. District Court for the Central District of California denied the pop star’s motion, holding that, under the Copyright Act, investment company Tempo Music…
Those Who Teach, Can’t: U.S. District Court in Delaware Issues Decision of First Impression, Finding Use of Copyrighted Materials to Train Artificial Intelligence Constitutes Infringement, Not Fair Use
On February 11, 2025, a U.S. District Court in Delaware issued a decision of first impression finding that a technology startup’s use of copyrighted materials to train its artificial intelligence platform infringed the copyright holder’s rights and did not constitute fair use.[1] The Delaware District Court is the first to decide on a…
Elephant in the Courtroom: The Second Circuit Finds No Preemption of New York State’s Ivory Law but Overturns Display Restriction
No Relief in Site?: The Debate Continues Over Whether VARA Applies to Site-Specific Art
We recently reported on a preliminary injunction issued in Mary Miss v. Edmundson Art Foundation, Inc., temporarily barring the Des Moines Art Center from destroying Greenwood Pond: Double Site, artist Mary Miss’s well-known outdoor environmental art installation that is in a state of substantial disrepair due to exposure to the elements and wear-and-tear from visitors…