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ARTICLE · 08 OCTOBER 2026

September 2026 FZLZ Minute

Fross Zelnick Lehrman & Zissu, P.C.
Fross Zelnick Lehrman & Zissu, P.C.
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Fross Zelnick Lehrman & Zissu, P.C.

Fross Zelnick Lehrman & Zissu, P.C.

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Thirty years after the fact, Michael Hayden discovered that famed artist Jeff Koons incorporated Hayden’s sculpture in a series of works. Hayden sued Koons for copyright infringement, but the district court held that Hayden’s claim was time-barred under the Copyright Act’s three-year limitations period.

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Fross Zelnick Lehrman & Zissu, P.C.
Fross Zelnick Lehrman & Zissu, P.C.
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USA 

Second Circuit clarifies standard for “constructive discovery” in copyright cases

Thirty years after the fact, Michael Hayden discovered that famed artist Jeff Koons incorporated Hayden’s sculpture in a series of works. Hayden sued Koons for copyright infringement, but the district court held that Hayden’s claim was time-barred under the Copyright Act’s three-year limitations period. Under the “discovery rule,” copyright infringement claims “do not accrue until actual or constructive discovery” of the infringement. In other words, claims accrue when “the copyright holder discovers, or with due diligence should have discovered, the infringement.” Hayden argued on appeal that a claim accrues only if circumstances have triggered a duty to inquire (i.e., “inquiry notice”) and the plaintiff had actual knowledge of facts suggesting the probability of infringement.

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