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
Continue Reading Total Concept, Total Confusion?: Miles Davis, a Tattoo, and Rethinking the Ninth Circuit’s Extrinsic-Intrinsic Test
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
Continue Reading Easy Does It: Copyright Registration Reform Under the Proposed Visual Artists Copyright Reform Act of 2025
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
Continue Reading Hughes Hubbard’s Art Law Practice Again Recognized by Chambers High Net Worth Guide
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
Continue Reading Sneak Peek: Copyright Office Releases Pre-Publication Version of Third Report on Generative AI
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
Continue Reading Model Law: The New York State Fashion Workers Act
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
Continue Reading Stand and Deliver: Another Try at Co-Owner Standing in Copyright Cases in the Ninth Circuit
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
Continue Reading 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
In a recent mixed decision that some news outlets reported as a win for art and antique dealers and others described as a win for conservationists, the United States Court of Appeals for the Second Circuit held that the federal Endangered Species Act and its implementing regulations do not preempt
Continue Reading Elephant in the Courtroom: The Second Circuit Finds No Preemption of New York State’s Ivory Law but Overturns Display Restriction
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
Continue Reading No Relief in Site?: The Debate Continues Over Whether VARA Applies to Site-Specific Art
On January 29, 2025, the U.S. Copyright Office released Part Two of its planned reports on the intersection between copyright and generative Artificial Intelligence (“AI”). Titled “Part 2: Copyrightability,” the Report addresses a hot issue—the extent to which AI-generated outputs are entitled to copyright protection. The Report, after examining the
Continue Reading Copyright Office Issues Second Report on Generative AI: Copyright Protection Requires Human Authorship, But What Does That Mean For Generative AI?
A lawsuit pending before Judge J. Paul Oetken of the District Court for the Southern District of New York may soon underscore the need to rethink the legal remedies available for potential legal violations aided by generative Artificial Intelligence (“AI”).[1] As discussed previously on this blog, in July
Continue Reading Lehrman v. Lovo, Inc.: Voice Actors Take on AI Voice Generation