In the Daily Journal article “9th Circuit Weighs Tattoo Copyright Dispute between Kat Von D and Photographer,” Knobbe Martens partner Mark Lezama offered insight into the latest developments in an ongoing dispute between celebrity tattoo artist Kat Von D and photographer Jeffrey Sedlik. The case, on appeal before the Ninth Circuit, centers on whether Von D’s tattoo depicting Miles Davis infringes Sedlik’s 1989 photograph of the musician.
In discussing some of the central issues at play in the case, Lezama noted that the court is unlikely to address the “interesting question” of whether the tattoo qualifies as fair use under copyright law, given the case’s procedural history. The jury found the tattoo and several other works were not substantially similar to Sedlik’s photograph. Rather than challenge the sufficiency of the evidence supporting the jury verdict, Sedlik primarily argued on appeal the district court erred in denying summary judgment. “It’s a strange place to be in when you’re asking for a reversal because of a denial of summary judgment when you’ve gone to trial,” Lezama explained.
Read the full article here. [subscription required]
Mr. Lezama is frequently called upon to provide commentary on influential copyright litigation developments, and his insights have been featured in a number of legal and trade outlets including Law360, Bloomberg Law, and TechCrunch. Last month, he hosted an episode of the firm’s podcast, Knobbe IP+, on the complex intersection of generative AI and copyright law.
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