Tattoo Artist Kat Von D Wins Copyright Lawsuit Over Miles Davis Photo

UnknowingFool writes: Jurors on Friday, January 26, 2024 ruled in favor of celebrity tattoo artist Kat Von D (real name Katherine von Drachenberg) in a copyright lawsuit regarding a photo of Miles Davis in that her use of the photo was not copyright infringement. The photographer of the photo, Jeffrey Sedlik, sued Von D in February 2021 after she used the photo as the basis for a tattoo she inked on a friend. Kat Von D, who gained fame in the reality shows about tattoo artists 'LA Ink' and 'Miami Ink', put the tattoo on her friend's arm in 2017 as a gift. The jury found that the tattoo was not 'substantially similar' to the photo and were also persuaded that the non-commercial nature of the work meant her use of the photo would be fair use.

The plaintiff Sedilk said he is planning to appeal the ruling arguing it contradicts the Supreme Court ruling in Warhol Foundation vs Goldsmith (PDF) where the artist Andy Warhol made a silkscreen print of Lynn Goldsmith's photo of Prince. The main difference pointed out by Von D's lawyers is that Warhol charged $10,000 for his print whereas Von D did not charge her friend for the tattoo and that is was closer to 'fan art'.

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