Kat Von D Wins Copyright Case, Fair Use of Miles Davis Photo; Bloomberg Law, January 26, 2024

Maia Spoto, Bloomberg Law; Kat Von D Wins Copyright Case, Fair Use of Miles Davis Photo

"A tattoo by celebrity artist Kat Von D of jazz legend Miles Davis is not substantially similar to the photo it was based on, a Los Angeles jury found Friday afternoon in a victory for the tattoo industry.

The tattoo, which Von D inked for free on her friend’s arm using photographer Jeffrey Sedlik’s portrait as a reference, is fair use, the jury ruled. The jurors deliberated for less than three hours, and about half of them talked to and hugged Von D in the courtroom after the trial concluded in the Central District of California."

Kat Von D Claims Miles Davis Tattoo Is ‘Fair Use’ at Unusual Copyright Trial; Rolling Stone, January 23, 2024

 NANCY DILLON, Rolling Stone; Kat Von D Claims Miles Davis Tattoo Is ‘Fair Use’ at Unusual Copyright Trial

"Jurors now hearing the case will have to decide whether Von D’s reproduction falls under the “fair use” doctrine that allows limited use of copyrighted material without permission. Artistic representations of copyrighted work can be protected by fair use if they “transform” the subject work into something new, such as a parody, critique, or news report."