The Ninth Circuit Court of Appeals is currently deliberating on whether to overturn a jury verdict that cleared tattoo artist Kat Von D of copyright infringement allegations. The case centers on Von D’s use of photographer Jeffrey Sedlik’s 1989 portrait of jazz musician Miles Davis as a reference for a tattoo she inked in 2017.
In January 2024, a Los Angeles jury unanimously found that Von D’s tattoo did not infringe upon Sedlik’s copyright. The jury concluded that the tattoo and related social media posts were not substantially similar to Sedlik’s photograph, thereby negating the need to consider a fair use defense. ([cll.com](https://www.cll.com/CopyrightDevelopmentsBlog/kat-von-ds-miles-davis-tattoo-didnt-infringe-reference-photo-jury-finds?utm_source=openai))
Sedlik appealed the verdict, arguing that the jury’s finding was flawed and that the tattoo was “100%” the same as his photograph. ([law360.com](https://www.law360.com/cases/6657a4e63b73963d1371e1c4/articles?utm_source=openai)) During recent oral arguments, Ninth Circuit Judge Kim McLane Wardlaw expressed skepticism about the jury’s conclusion, stating, “It kind of defies rationality to suggest that it’s not the same photograph.” ([news.bloomberglaw.com](https://news.bloomberglaw.com/ip-law/ninth-circuit-raises-doubts-about-kat-von-d-tattoo-copyright-win?utm_source=openai))
Legal experts note that it is uncommon for appellate courts to overturn jury verdicts based on factual determinations. However, the panel’s pointed questions suggest they are seriously considering this option. The outcome of this appeal could have significant implications for copyright law, particularly concerning the use of reference materials in creative works.
As the Ninth Circuit deliberates, the legal community awaits a decision that may redefine the boundaries of copyright infringement and fair use in artistic expressions.