LOS ANGELES, CALIFORNIA – In a recent copyright infringement case, famous tattoo artist Katherine von Drachenberg, commonly known as Kat von D, successfully defended herself against claims that she used a copyrighted photograph of jazz musician Miles Davis without permission. The case, Sedlik v. von Drachenberg, et al, hinged on whether Kat von D’s tattoo of the Davis portrait was substantially similar to the original photograph owned by photographer Jeffrey Sedlik.
The jury, after a brief deliberation, unanimously ruled in favor of Kat von D, stating that her tattoo art did not infringe on Sedlik’s copyright. While the jury did not specifically address the fair use defense raised by Kat von D, they did determine that her social media posts featuring the tracing and tattooing process constituted fair use.
Jeffrey Sedlik, a renowned photographer and advocate for intellectual property rights, brought the claim against Kat von D, arguing that she should have obtained a licensing agreement before creating the tattoo based on his copyrighted work. Sedlik’s photograph of Miles Davis became iconic, featuring on the cover of JAZZIZ Magazine and named one of Life Magazine’s “Pictures of the Year.”
Kat von D, known for her work on the reality television series LA Ink, gifted the tattoo to her friend Blake Farmer, who is a jazz enthusiast and counts Miles Davis as his favorite trumpet player. Kat von D shared the tattoo on her social media accounts, showcasing her use of the original photograph as a reference during the tattooing process.
The case progressed to trial, with both sides presenting arguments on substantial similarity and fair use. Sedlik’s counsel emphasized the similarities between the photograph and the tattoo, while Kat von D’s attorney highlighted the artistic choices and alterations made in the tattooing process. Additionally, Kat von D’s defense centered around the transformative nature of tattoos as a unique art form.
The jury ultimately found that there was no substantial similarity between Sedlik’s photograph and Kat von D’s tattoo. This verdict avoided a broader examination of fair use in the tattoo industry. However, the jury did rule that Kat von D’s social media posts, which included images of the tracing and tattooing process, were protected under fair use.
While this case ended favorably for Kat von D, it did not establish broader legal precedents for the tattoo industry. Questions surrounding the transformative nature of tattoos, industry norms, and the potential harm to licensing markets for copyrighted inspiration works remain unanswered. Given the rise in copyright infringement cases involving tattoos, it is likely that future cases will address these issues in greater detail.
The case of Sedlik v. von Drachenberg et al serves as a notable example of the complexities and legal considerations surrounding the use of copyrighted images in the context of tattoos.