According to the website Loudwire , Kat Von D appeared in a Los Angeles court on Tuesday, January 23, for alleged copyright infringement, accused of illegally reproducing the image of jazz icon Miles Davis in a tattoo. The Los Angeles jury is working to determine if Von D exceeded the limits of the "fair use" doctrine.
The controversy began when the artist and businesswoman shared a photo on her social media in 2017 showing her tattooing a portrait of Miles on a friend's arm. The original image, captured in 1989 by Jeffrey Sedlik and later registered with the US Copyright Office, is at the heart of this legal dispute.
The defense is trying to save Kate from being prosecuted.
Allen B. Grodsky, Kate's lawyer, opened the trial arguing notable differences between the tattoo and the original photograph. Grodsky highlighted discrepancies in the position of the shadows, use of light, hairstyle, and expression, claiming that the tattoo artist's interpretation of Davis had a more melancholic character.
The defense argued that Kat Von D did not seek to profit from the tattoo, pointing to the absence of products for sale. According to Grodsky, she carried out a creative process that did not copy copyrighted elements, seeking to classify the tattoo as "fair use" due to its transformative and non-commercial nature.
What does the copyright owner of the image say?
Jeffrey Sedlik, the copyright holder and photographer, testified about the time and effort invested in creating the original photograph of Miles Davis . He highlighted the "shh" finger gesture as a subliminal representation of musical notation. Sedlik also pointed out Kat Von D's use of the tattoo on her social media, generating over 100,000 likes, even after she stated that she did not seek to monetize it.
The photographer, an active defender of his copyrights, mentioned a previous case in which he granted a retroactive license to an infringer after a respectful response. Sedlik alleged that Von D infringed his copyrighted work and accused her of falsifying copyright management information.
The jury is working on the case to reach a conclusion.
The core of the trial now rests on the jury's interpretation of the transformation of Kat Von D's work and whether there was, in fact, a violation of copyright. The doctrine of "fair use" will be crucial in this decision, considering factors such as purpose, nature, quantity, and impact on the potential market. The final verdict promises to trigger debates about the legal limits of art and intellectual property.
Fame in the world of tattoos
Kat Von D is a renowned tattoo artist, artist, and businesswoman. She gained prominence in the United States, initially becoming known to the public through the television program Miami Ink .
The tattoo artist stood out in the tattoo scene due to her artistic talent, unique style, and charismatic personality. After her participation in Miami Ink , she gained even more notoriety with her own show, LA Ink. This reality show, which premiered in 2007, followed the daily life of Von D and her team at High Voltage Tattoo, located in Los Angeles.
LA Ink offered viewers an intimate look into the world of tattooing, exploring the stories behind each tattoo, the challenges of the business, and Kat Von D's personal relationships. The charismatic artist won fans not only for her artistic skill but also for her vibrant and bold personality.
The show ran for several seasons, further cementing Kat Von D's reputation as one of the most influential figures in the tattoo world.
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