A federal appeals court in Pasadena, California, is set to address a significant copyright dispute involving photographer Jeffrey Sedlik and renowned tattoo artist Kat Von D. The case, which involves a tattoo recreation of a Miles Davis portrait, has the potential to redefine aspects of artistic interpretation and copyright law in the United States.
On Monday, the U.S. Court of Appeals for the Ninth Circuit will livestream oral arguments at 9:30 a.m. from a courtroom on South Grand Avenue. The hearing will review an appeal filed by Sedlik following a jury’s verdict on January 26, 2024, which concluded that Von D’s tattoo did not infringe on Sedlik’s copyright of his iconic 1989 black-and-white photograph of the jazz trumpeter.
The dispute originated from a tattoo Von D created in 2017 for Blake Farmer, a lighting technician. This tattoo was based on a tracing of Sedlik’s photograph, which is registered with the U.S. Copyright Office. Images shared by Von D on Instagram of her tattooing Farmer, with Sedlik’s original photo visible in the background, gained substantial attention on social media.
During the first trial, Von D characterized her work as “fan art,” emphasizing the personal nature of the tattoo she was making for a friend. She argued there is a distinction between an individual tattoo and a mass-produced commercial item.
In contrast, Sedlik, who heads the PLUS Coalition and has licensed his photograph for various media platforms, has maintained that unauthorized use of his image amounts to theft. “When my work is used without a license, I’m robbed of that work,” he testified in court.
The original jury ruled in favor of Von D, stating that her tattoo was not substantially similar to the original photograph. Subsequent to the trial, Judge Dale S. Fischer declined to grant Sedlik’s request for a new trial, citing the “very high” threshold for contesting jury decisions.
Sedlik’s attorney, Robert Edward Allen, has expressed determination to contest the ruling, stating that the implications of the case could extend far beyond this instance. “If those two things are not substantially similar, then no one’s art is safe,” he remarked.
A three-judge panel comprising Circuit Judges Wardlaw, Mendoza Jr., and Johnstone will preside over the appeals process. Sedlik’s legal team seeks to overturn the jury’s decision, aiming to set new precedents regarding artistic copyright.
In the aftermath of the initial verdict, Von D expressed her relief, highlighting that the protracted legal battle had taken a toll on her and her colleagues in the tattoo industry. “I’m obviously very happy for this to be over. It’s been two years of a nightmare worrying about this, not just for myself but for my fellow tattoo artists,” she stated.
The ongoing case is expected to have far-reaching implications for artists, photographers, and tattoo creators, all navigating the complexities of copyright and artistic interpretation in today’s digital age.
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