Kat Von D Tattoo Copyright Infringement Suit – A Permanent Mistake?

Jul 18, 2022

By: Sharon Urias, Esq. and Rachel Kartin*

When well-known tattoo artist Kat Von D used Jeffrey B. Sedlik’s copyrighted image of jazz artist Miles Davis as a basis for a tattoo, she probably never thought about the legal consequences beyond making sure she complied with health and safety codes. But she must now confront the intellectual property implications, as Sedlik has filed a lawsuit against her for copyright infringement, demanding that Von D remove his image from print, digital, and social media, as well as pay profits and additional damages.

Von D, who tattooed the image on a friend for free and therefore did not make any profits directly, argues that she is entitled to the fair use defense. However, Judge Dale Fischer has rejected that argument, ruling the tattoo does not create an inherently different meaning because it is only a change in medium, and thus is not transformative. Think of it like a store selling silkscreened t-shirts with the image on them.

The effects of this case are complex, and may impact more individuals than a typical copyright issue. While most people do not sell pirated copies of Taylor Swift’s new album, they may get her cover art or her copyrighted lyrics tattooed on their bodies. And if this case decides that the tattoo artist is liable for copyright infringement, how many tattoo artists will refuse to tattoo anything except original work? Will Disney decide to sue every tattoo artist that tattoos Mickey Mouse on someone’s arm?

For the jurors tackling this complex question, these issues could become much more personal than any intellectual property infringement case. According to a 2012 Harris Poll,[1] 26% of Los Angeles residents have at least one tattoo, and it is likely that number has greatly swelled in recent years. Jurors may be hesitant to decide that their tattoos make them walking copyright violations.

Additionally, this case may be affected by an upcoming Supreme Court case deciding whether an Andy Warhol print infringes a copyrighted image of Prince, thereby defining when a use is transformative enough to be “fair use.” Any decision here may need to wait until the Warhol opinion is issued.

Because the proud new owner of the tattoo has not been sued and the plaintiff is not requesting the tattoo be removed, the court will not discuss the issue of bodily autonomy. But depending on how this case comes out, those watching may be left wondering if someday a similar situation could result in a court ordering an infringer to pay a pound of flesh.

[1] Los Angeles is America’s “Most Inked Market”, PRNewswire, (Apr. 8, 2014), Los Angeles is America’s “Most Inked Market” (prnewswire.com).

*Not an attorney.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Previous Next

News

Kat Von D Tattoo Copyright Infringement Suit – A Permanent Mistake?

Share

News & Events

News & Events