Tattoo Artist Kat Von D, Being Sued Over a Miles Davis Tattoo, Will Testify in Copyright Trial Next Week

A celebrity tattoo artist and reality TV star, Katherine Von Drachenberg, better known as Kat Von D, is expected to testify Wednesday in a landmark trial over whether a tattoo she did of the jazz great Miles Davis violates a photographer’s copyright.At issue in the case is a tattoo Ms. Von Drachenberg did on a friend, a tattoo that is based on the famous 1989 portrait of Davis done by photographer Jeffrey Sedlik, who alleges that Ms. Von Drachenberg violated his copyright by using the tattoo to promote her personal brand on social media.In the portrait, Davis, who died in 1991, is depicted with a finger over his mouth as if gesturing “shhh.” Although the tattoo is not exactly like the photo, Davis’s pose is similar, and Ms. Von Drachenberg’s attorneys admitted in their opening statements at Los Angeles Federal Court on Tuesday that the tattoo was “inspired” by the portrait.“You will see that there are many differences,” Ms. Von Drachenberg’s attorney, Allen Grodsky, told jurors in his opening statement, noting “differences in the position and shape of shadows, difference in the use of light, difference in the hairstyle, differences in the shape and rendering of the eyes.”Mr. Grodsky also noted that the tattoo was “more melancholy” than the portrait and that there was “movement that’s not found in” the photo.Mr. Grodsky also noted that Ms. Von Drachenberg did not attempt to make photos, prints, or other merchandise out of the tattoo and “didn’t sell products in any way.”Mr. Sedlik, who testified on Tuesday, described his process of composing the portrait, telling the court that he came up with the pose because he knew Davis “played quietly to get audiences to lean in and relish every note.”Mr. Sedlik argues that Ms. Von Drachenberg illegally reproduced the copyrighted work and posted it on Instagram, Facebook, and YouTube in order to elevate her brand. The suit also references multiple posts across the platforms.In his testimony, Mr. Sedlik referenced an incident in 2014 when he asked a person who had posted a tattoo resembling his photo on social media and asked him to remove it. He said he received a “respectful” reply, and the man removed the image.While the case has only just gone to trial and Ms. Von Drachenberg has not yet testified, a ruling could set a precedent that could extend intellectual property into the realm of tattoos.The case, which began with a complaint filed in 2021, was only granted a jury trial after the Supreme Court ruling on The Andy Warhol Foundation v. Goldsmith was handed down in May of last year.In the ruling, the high court ruled that Warhol had violated the photographer Lynn Goldsmith’s copyright on a photo of Prince, upon which the artist had based a print. In the ruling, Justice Sonya Sotomayor wrote that Warhol’s work had not been transformative enough to be considered fair use, noting that a new message in a work was not the primary consideration.“Although new expression, meaning, or message may be relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive of the first factor,” the court ruled.

Tattoo Artist Kat Von D, Being Sued Over a Miles Davis Tattoo, Will Testify in Copyright Trial Next Week

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