Michael Best & Friedrich LLP , Lexology; Defendant Tattoo Artist Prevails in Miles Davis Tattoo Suit
"In the case, Sedlik v. Von Drachenberg, 9th Cir., No. 24‑3367 (Jan. 2, 2026), the Ninth Circuit affirmed a jury verdict in favor of celebrity tattoo artist Katherine “Kat Von D” Von Drachenberg in a closely watched copyright dispute brought by photographer Jeffrey Sedlik over a tattoo based on Sedlik’s well-known portrait of Miles Davis. A link to the images of the photo and the tattoo can be seen here (Kat Von D defends use of Miles Davis photo for friend's tattoo | Courthouse News Service). The panel left intact the jury’s finding of no infringement on the ground that the tattoo and photograph were not “substantially similar,” and emphasized that it would not substitute its view for the jury’s on this fact-intensive question."
