A decide has dismissed a 2021 lawsuit in opposition to Jeff Koons that alleged his seminal ‘Made In Heaven” sequence violated copyright protections.
The lawsuit, filed in 2010 in New York’s Southern District Courtroom, accused the American artist of infringing on the copyrights of set designer Michael A. Hayden by depicting his units and props in work, in addition to different works, in Koons’ sexually specific sequence.
However US District Choose Timothy Reif concluded Hayden’s declare was time-barred and he waited too lengthy to sue Koons because the works had been made greater than three many years prior.
The sequence was exhibited within the 1990 Venice Biennale and acquired important media consideration from Italian information retailers on the time. “A fairly diligent particular person in plaintiff’s place ought to have found the alleged infringement previous to 2019,” Reif wrote in his ruling.
In line with court docket paperwork, Hayden designed units and props for Diva Futura, “an Italian manufacturing firm that produced reside, photographic, cinematic and associated adult-oriented performances.” The manufacturing firm was owned by Ilona Staller and Ricardo Schicchi. Staller was a member of the Italian parliament additionally did erotic performances below the identify “La Cicciolina”. Hayden’s sculptures included a 6.5-foot-tall styrofoam work “depicting a large serpent wrapped round a pedestal of boulders” for La Cicciolina to carry out on in 1988. Diva Futura bought the sculpture for $900.
In 1989, Koons was photographed with Staller in Italy for the sequence. The pictures featured a billboard, wooden sculpture, in addition to oil work that includes Koons and Staller in sexually specific positions on Hayden’s platform; the 2 married in 1991.
Their divorce three years later prompted long-running and publicized custody combat, which Hayden’s lawsuit cites as the explanation he grew to become conscious of the “Made in Heaven” works in 2019. Hayden filed an software for copyright registration of the serpent sculpture and platform with the U.S. Copyright Workplace on August 7, 2019, and filed the lawsuit in New York’s Southern District Courtroom in December 2021.
“It’s affordable to anticipate that somebody who created sculptures and stage props particularly for a “family identify” like Staller and who consumed Italian information would hear of her involvement in a significant, worldwide artwork exhibition such because the Venice Biennale,” wrote Choose Reif in his evaluation.
Hayden’s lawyer, Jordan Fletcher of Fletcher Regulation, informed Reuters that he and his shopper disagreed with the ruling and meant to enchantment.
Koons was represented by Daniel Brooks of the regulation agency Scarola Zubatov Schaffzin. Hayden was represented by Jordan Fletcher of Fletcher Regulation and Linda Kattwinkel of Owen, Wickersham & Erickson
The case dismissal was first reported by Courthouse Information.
