In the article “Will Kat Von D Trial Have A ‘Blurred Lines’ Impact On Tattoos?” partner and trademark and brand protection practice co-chair Jeff Van Hoosear offered insights into the potential impact of the outcome in Sedlik v. Von Drachenberg. The case centered around a copyright infringement dispute between plaintiff photographer Jeffrey B. Sedlik and celebrity tattoo artist Katherine Von Drachenberg, or ‘Kat Von D’.
Speaking to the nuance of copyright infringement law, Van Hoosear shared that the ruling from the Supreme Court in Andy Warhol Foundation v. Goldsmith et al. could have bearing on the final decision in Sedlik v. Von Drachenberg. According to him, “Kat Von D needs to have the jury find that she only relied on the photo as ‘inspiration’ — which is allowed — for a ‘new’ or transformative work. If the jury finds the tattoo is a ‘derivative’ work, it will most likely not qualify as a new or transformative work and would be deemed an infringement.”
Read the full article here.
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