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
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
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
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
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
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
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
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 the New York State Environmental
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
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 existing legal framework—under which only
