Los Angeles — A jury ruled Friday that renowned tattoo artist Kat Von D did not breach a photographer’s copyright when she used his shot of Miles Davis as the foundation for a tattoo on a friend’s arm.
The jury in Los Angeles debated for just over two hours before determining that the former star of the reality series “Miami Ink” and “LA Ink”‘s tattoo was not sufficiently similar to photographer Jeffrey Sedlik’s 1989 shot of the jazz great to need payment of permission.
“I’m obviously very happy for this to be over,” Von D remarked outside the courtroom after inking her friend’s arm with Davis as a gift approximately seven years ago. “It’s been two years of a nightmare worrying about this, not just for myself but for my fellow tattoo artists.”
The eight jurors reached the same conclusion regarding a drawing Von D created from the photo to use as the foundation for the tattoo and other social media posts she made about the process, which were also included in Sedlik’s claim. They also determined that the tattoo, drawing, and posts all fell within the legal idea of fair use of a copyrighted work, resulting in a stunning triumph for Von D and other tattoo artists who backed her and watched the trial.
Tattoo Artist Kat Von D Didn’t Violate Photographer’s Copyright Of Miles Davis Portrait, Jury Says
“We’ve said all along that this case should never have been brought,” Von D’s lawyer Allen B. Grodsky said following the verdict. “The jury recognized that this was just ridiculous.”
Sedlik’s attorney, Robert Edward Allen, said they intend to appeal. He stated that the photographs, both of which contained a close-up of Davis gazing at the viewer and making a “shh” motion, were so identical that he couldn’t understand how the jury came to the conclusion they did.
“If those two things are not substantially similar, then no one’s art is safe,” he remarked.
During closing arguments on Friday, he told jurors that the case had “nothing to do with tattoos.”
“It’s about copying others’ protected works,” Allen explained. “It won’t damage the tattoo industry. “The tattoo police will not come after anyone.”
Allen emphasized Sedlik’s thorough labour to arrange the shoot, create the lighting and ambience, and pose Davis for the classic portrait that was initially published on the cover of JAZZIZ magazine in 1989. Sedlik registered the copyright in 1994.
Tattoo Artist Kat Von D Didn’t Violate Photographer’s Copyright Of Miles Davis Portrait, Jury Says
He explained that licencing the image to others, especially tattoo artists, was a significant part of how he made a living.
During the three-day trial, Von D stated that she never licences the images she recreates and that work such as the Davis tattoo is considered “fan art.”
“I made no money from it,” she testified. “I am not mass-producing anything. “I believe there is a significant difference.”
Her counsel, Grodsky, emphasized to jurors that the tattoo was fair use because there was no attempt to profit from the image, an exception in copyright law used for works such as commentary, criticism, and parody.
Allen stated in his closing statement that the social media posts about the tattoo were a promotion of her and her business, and so, it was a kind of image monetization.
If jurors had agreed with Sedlik, he might have received as little as a few hundred bucks or as much as $150,000.
Tattoo Artist Kat Von D Didn’t Violate Photographer’s Copyright Of Miles Davis Portrait, Jury Says
Von D was one of the stars of the reality series “Miami Ink” and later the featured artist on its offshoot “LA Ink,” which aired on TLC from 2007 to 2011.
Von D, 41, whose real name is Katherine von Drachenberg, was already a well-known young tattoo artist before becoming a TV sensation with her appearances on TLC’s “Miami Ink” in 2005. She was the star of its spinoff, “LA Ink,” which aired from 2007 to 2011, making her possibly the most well-known tattoo artist in the country.
Von D stated that, despite the victory, she is not looking forward to returning to work.
“I think I don’t want to ever tattoo again, my heart has been crushed through this in different ways,” she said. “We’ll see with time.”
SOURCE – (AP)
