Rare Full Court Rehearing Granted in Copyright Case Against Kat Von D’s Miles Davis Tattoo; PetaPixel, June 10, 2026

THOMAS MADDREY, PetaPixel; Rare Full Court Rehearing Granted in Copyright Case Against Kat Von D’s Miles Davis Tattoo

"On June 9, Chief Judge for the Ninth Circuit Court of Appeals Mary H. Murguia issued an Order in the case of Jeffery B. Sedlik v. Katherine von Drachenberg, aka Kat Von D, et. al. granting an en banc rehearing by the full court...

In a nutshell, this rare move by the Court tells the litigants that even though a panel of three Ninth Circuit judges have rendered an opinion in the case, the question is unsettled enough that a hearing by the full 11-judge panel is warranted. 

This is not a common occurrence: in 2024, for example, the Court received 625 petitions for en banc review, 29 cases were then voted on by the Court to see if they should be heard, and only nine cases succeeded in that vote. In some years, this number increases, but rarely are more than 20 cases a year granted such a special evaluation. The Court reserved this designation for those cases that indicate a clear split with other Circuit Courts around the country, cases that are likely to be reviewed by the U.S. Supreme Court, and if the issues presented affect many others similarly situated, among other considerations. This case checks all those boxes."

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."

Miles Davis Tattoo Suit Pits Copyright Against Body Autonomy; Bloomberg Law, June 17, 2022

 Riddhi Setty, Bloomberg Law; Miles Davis Tattoo Suit Pits Copyright Against Body Autonomy

"Celebrity tattoo artist Kat Von D’s use of a famous photograph of jazz great Miles Davis has led to what’s believed to be the first lawsuit over whether an image’s copyright protection extends to tattoos, pitting questions about artistic freedom and body autonomy against photographers’ rights to own their creations. 

Photographer Jeffrey B. Sedlik is suing Von D, who used his “Iconic Miles Davis Portrait” in a tattoo she inked on a colleague. Sedlik shot the photograph around 1989, and it has appeared in publications around the world, including Life magazine’s annual “Pictures of the Year” issue. 

The case is on the road to trial, after a California federal judge recently said a jury must resolve disputes that include whether the image falls under the “fair use” doctrine—a copyright infringement defense that the US Supreme Court will tackle this fall in a case involving Andy Warhol’s print of a photo of the musician Prince."