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Sigrid Jernudd

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Sigrid Jernudd is an associate in the New York office of Hughes Hubbard & Reed, where she focuses on litigation and international arbitration. She has represented both domestic and international clients in a range of industries. She also has experience in antitrust matters.

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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

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

On December 16, 2024, Shira Perlmutter, head of the U.S. Copyright Office,[1] provided the relevant subcommittees of the Senate and House Judiciary Committees with an update on the Copyright Office’s ambitious investigation into the intersection of generative Artificial Intelligence (“AI”) and copyright law and policy.[2]

In August 2023…

Continue Reading Copyright Office Delays Remaining Generative AI Report

On July 31, 2024, the  U.S. Copyright Office issued the first of several planned reports on the intersection between copyright and generative Artificial Intelligence (“AI”), following a lengthy period of public comment, during which it received more than 10,300 comments, discussed previously on this blog.  Titled “Part 1:  Digital Replicas,”…

Continue Reading Copyright Office Issues First Report on Generative AI

Generative Artificial Intelligence (AI) tools—defined by the U.S. Copyright Office as  technology that is “capable of producing outputs such as text, images, video, or audio (including emulating a human voice) that would be considered copyrightable if created by a human author”[1]—are trained by analyzing vast amounts of data…

Continue Reading U.S. Copyright Office Examines Copyright and Generative AI

A September 27, 2023 decision by a Manhattan trial court, Aicon Art LLC v. Aicon Contemporary LLC, No. 650580/2023, 2023 N.Y. Slip. Op. 33340(U) (N.Y. Sup. Ct. Sept. 27, 2023), involving a dispute between two businesses located in the same art gallery, serves as a reminder to New York…

Continue Reading Aicon Art LLC v. Aicon Contemporary LLC:  A Reminder About the Importance of Knowing Who the Client Is

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince[1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. District Court for the Southern District of…

Continue Reading Fair Use: Graham v. Prince and Warhol v. Goldsmith

While 2022 held several lessons for art market participants – from NFTs to Treasury regulations – the end of the year brought a reminder particularly for antiquities collectors of the need to carefully consider the provenance and history of objects in their collections. According to a recent New York Times article…

Continue Reading The Return of Looted Art: Warnings from 2022

During Art Basel Miami Beach in December 2019, Italian artist and provocateur Maurizio Cattelan[1] duct-taped a banana onto a white wall. Within hours, his work, Comedian, sold for $120,000, went viral, and became that year’s perhaps most discussed artwork.[2] On January 4, 2021, pro se plaintiff Joe…
Continue Reading Copyright Goes Bananas: District Court Rejects Maurizio Cattelan’s Motion to Dismiss Copyright Claim Against His Taped Banana