A high-profile copyright case involving celebrity tattoo artist Kat Von D and photographer Jeffrey Sedlik returns to court Monday, as the U.S. Court of Appeals for the Ninth Circuit in Pasadena hears oral arguments in a dispute that could have lasting implications for copyright law and artistic interpretation.
The session is scheduled for 9:30 a.m. at the federal courthouse on South Grand Avenue and will be livestreamed to the public. A three-judge panel—Circuit Judges Wardlaw, Mendoza Jr., and Johnstone—will preside over the appeal.
Background: Tattoo of Jazz Icon Sparks Legal Battle
The legal battle stems from a 2017 tattoo that Von D inked on friend Blake Farmer, a lighting technician. The tattoo was based on Sedlik’s 1989 black-and-white portrait of jazz legend Miles Davis, a copyrighted work that Sedlik has licensed for decades.
Photos posted to Von D’s Instagram in March and May 2017 showed the tattoo in progress, with Sedlik’s original photo clearly taped to the wall nearby. The posts received significant engagement from her followers.
Competing Claims of Theft vs. Fan Art
Sedlik, a professional photographer and president of the PLUS Coalition, contends the tattoo infringed on his copyright and bypassed the licensing process.
“When my work is used without a license, I’m robbed of that work,” Sedlik testified during the original trial.
Von D, on the other hand, characterized the tattoo as non-commercial “fan art” created for a friend and emphasized it was not mass-produced or sold for profit.
“I’m literally tattooing my friend with a portrait of his favorite trumpet player,” she said. “I consider this fan art.”
Jury Ruled in Favor of Von D, But Photographer Appeals
On January 26, 2024, a jury in the Central District of California sided with Von D, ruling the tattoo was not “substantially similar” to Sedlik’s photograph. District Judge Dale S. Fischer later denied Sedlik’s request for a new trial, citing the high threshold required to overturn a jury’s findings.
Still, Sedlik’s attorney, Robert Edward Allen, vowed to pursue an appeal, arguing that the jury’s decision sets a dangerous precedent.
“If those two things are not substantially similar, then no one’s art is safe,” Allen stated.
Implications for Artists and Copyright Law
The appeals court’s decision could carry wide-ranging consequences for artists, photographers, tattoo professionals, and digital creators. If the Ninth Circuit rules in Sedlik’s favor, it could reshape how courts assess derivative works in the context of tattoos, fan art, and social media exposure.
Von D, speaking after the original verdict, expressed relief.
“It’s been two years of a nightmare worrying about this—not just for myself, but for my fellow tattoo artists,” she said.
The outcome of this appeal may determine how closely future tattoo works must adhere to copyright law, and whether personal, non-commercial art like tattoos may fall under “fair use” protections or still require a license.
