You did the tattoo but I own the photograph! : Celebrity Tattoo artist under fire after photographer sues her for infringement of his photo referenced
by Paige Bellinger
Kat Von D’s Miles Davis Tattoo
According to Copyright statistics, there are about 3,000 copyright cases filed a year. In 2021, photographer Jeff Sedlik filed a claim against celebrity tattoo artist Kat Von D for infringement of his copyright photo of the famous Jazz musician Miles Davis. In March of 2017, Kat Von D published the first series of Instagram posts of a tattoo based on Sedlik’s 1989 photograph of the legend Miles Davis holding a finger to his lips. Sedlik claims that the tattoo was an unauthorized derivative work and creating it and posting it on social media was a violation of his copyright. According to Aaron Moss, an attorney at Greenberg Gluker Fields Claman & Machtinger LLP, the case against Kat Von D will be the first tattoo artist to be sued for allegedly copyrighted an image for a tattoo on a client’s body.
Jeffry Sedlik’s photograph of Miles Davis
Sedlik’s photo was originally on the cover of Jazziz magazine, it was featured in Life magazine’s annual “Picture of the Year” issue. Sedlik stated that the believed he had previously licensed the portrait to use in a tattoo design. Kat Von D insists that her version is a renovation of the original image. She created the tattoo by tracing Sedlik’s photograph on a light box and affixing the image to her client’s arm using a thermal copy machine and tattoo transfer fluid, before inking the design by hand. According to the filings from her legal team, Kat Von D’s interpretation of the photo “added the appearance of movement by adding and shading waves of smoke around the perimeter of Miles Davis’s hair and hand; created a sentiment of melancholy; and eliminated the stark, black background that dominates the photograph”. The tattoo recipient is a lighting technician who worked with Kat Von D on a film project. Although Kat Von D did his tattoo at no charge, the lawsuit contends that Kat Von D received and enjoyed indirect economic benefit in the form of advertising, promotion, and goodwill after sharing photo of the tattoo on social media. Sedlik is seeking Kat Von D to remove all photos of the tattoo from her website and social media accounts as well as profits related to sharing the photo of the tattoo. In a 30-page order, the district court largely denies both parties’ motions for summary judgement, finding triable issues on substantial similarity and use. As of June 2, 2022, the Kat Von D tattoo lawsuit will be headed to jury.