Best Business Attorneys in Bluffton, SC

Last week, a California jury determined that celebrity tattoo artist Kat Von D did not infringe on any intellectual property rights when tattooing a copyrighted photograph of Miles Davis on a client’s arm. nnSeven years ago, Kat Von D used a photograph of Miles Davis as inspiration for a tattoo for one of her clients. The original Davis photograph was captured by professional photographer Jeffery Sedlik, who also owned the copyright in the photo. Upon learning that Von D had used his photo without permission, he filed a lawsuit, arguing that such use violated his exclusive rights as a copyright owner. nnThe matter was presented to a jury, which determined that the tattoo was not substantially similar to the photograph. In copyright infringement suits, the copyright owner usually must prove that the purportedly infringing work closely resembles, or – in copyright terminology – is ‘substantially similar’ to the copyrighted work. Simply put, if the two works are not substantially similar, it cannot be said that one copied the other. nnThe jury’s decision elicited a collective sigh of relief across the tattoo industry. An opposite ruling could have established a precedent that tattoo artists must obtain licenses before using copyrighted photos as inspiration for tattoo designs. Kat Von D testified that artists typically do not obtain licenses before creating such tattoos. Given this, imposing a licensing requirement could have created a substantial legal hurdle for artists and their clients. Copyright law usually disfavors the imposition of such hurdles because they serve to chill creative expression rather than encourage it. Thus, it seems that this ruling is consistent with the principles of copyright law. Even so, it is likely that the photographer will appeal this ruling. nnCopyright infringement disputes can be very complex, which is why it is always best to consult an entertainment or intellectual property attorney with any questions you might have.