In Pasadena Courtroom Monday, Photographer Seeks Reversal of Jury Decision in High Stakes Copyright Law Case

A federal appeals court in Pasadena will hear arguments Monday in a copyright dispute between photographer Jeffrey Sedlik and celebrity tattoo artist Kat Von D over a Miles Davis portrait tattoo that could reshape artistic interpretation and copyright law.

The U.S. Court of Appeals for the Ninth Circuit will livestream oral arguments at 9:30 a.m. from a South Grand Avenue courtroom, reviewing Sedlik’s appeal challenging a January 26, 2024, jury verdict that found no copyright infringement in Von D’s tattoo of a famous Miles Davis photograph.

The case centers on a tattoo Von D created in 2017 for Blake Farmer, a lighting technician, based on tracing Sedlik’s 1989 black-and-white photograph of the legendary jazz trumpeter. Sedlik owns a registered copyright for the Davis portrait.

The photo of Von D tattooing Farmer with a copy of Sedlik’s photo of Davis taped to the wall nearby, posted on Von D’s Instagram on March 18 and May 16, 2017, reportedly garnered significant engagement.

Von D reportedly posted content to Instagram, Facebook, and Twitter, while High Voltage Tattoo shared posts on their corporate Instagram and Facebook accounts. The posts consisted of both photographs and videos. Several of the posts included Sedlik’s original photograph, while others depicted either the completed tattoo or Von D tracing the original photograph on a lightbox.

During the original trial, Von D defended her actions as “fan art,” stating, “I’m literally tattooing my friend with a portrait of his favorite trumpet player. I consider this fan art.”

She argued there was a difference between creating a personal tattoo and mass-producing commercial products.

Sedlik, president of the PLUS Coalition and a professional photographer who has licensed the photograph for various media since 1989, argued that unauthorized use of his work constitutes theft.

“When my work is used without a license, I am robbed of the opportunity to license the work for that use; and if it is known that the work in question, the reproduction in question, the use in question, was done without a license, then it influences others to make use of the work without a license,” Sedlik stated during testimony.

The original jury in the Central District of California sided with Von D, finding the tattoo was not substantially similar to Sedlik’s photograph. District Judge Dale S. Fischer denied Sedlik’s motion for a new trial, noting the “very high” standard for overturning jury verdicts.

Sedlik’s attorney, Robert Edward Allen, pledged to continue the fight, dramatically stating, “If those two things are not substantially similar, then no one’s art is safe.”

The appeals hearing will be before a three-judge panel: Circuit Judges Wardlaw, Mendoza Jr., and Johnstone.

Sedlik’s legal team hopes to reverse the lower court’s decision and potentially establish new precedents for artistic copyright.

Von D expressed relief after the initial verdict, saying, “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.”

The case could have significant implications for artists, photographers, and tattoo creators navigating the complex landscape of copyright and artistic interpretation.