Kat Von D Prevails in Legal Battle Over Miles Davis Tattoo, But Loses Passion for Tattooing

On Friday, a jury ruled that Kat Von D, a famous tattoo artist, did not infringe on the photographer Jeffrey Sedlik’s rights when she tattooed a friend’s arm with Miles Davis’ image, based on his 1989 portrait of the jazz icon.

The jury in Los Angeles took just over two hours to conclude that the tattoo by the former reality TV star of “Miami Ink” and “LA Ink” was different enough from Sedlik’s portrait that she did not need his permission to use it.

“It’s been two years of a nightmare worrying about this, not just for myself but for my fellow tattoo artists.” Von D, who gave her friend the Davis tattoo as a present about seven years ago, said outside the court. “I’m obviously very happy for this to be over.” The jury also agreed that a drawing Von D did from the portrait to make the tattoo, and several social media posts she shared about the process, which Sedlik sued her over, did not violate his copyright. They also decided that the tattoo, drawing and posts were all examples of fair use, a legal principle that allows some use of protected works for purposes like commentary, criticism and parody. This gave Von D and other tattoo artists who backed her and followed the case a complete victory. “This case never should have been brought,” Von D’s lawyer Allen B. Grodsky said after the verdict. “The jury recognized that this was just ridiculous.”

Sedlik’s lawyer Robert Edward Allen said they will appeal. He said the images, which both showed a close-up of Davis looking at the viewer and making a “shh” sign, were so alike he didn’t understand how the jury could reach their decision.

“No one’s art is safe,” Allen said, “if those two things are not substantially similar.”

He told the jury in his closing arguments earlier on Friday that the case was “not about tattoos.” “It’s about copying others’ protected works,” Allen said. “The tattoo industry will not be hurt. No one will come after the tattoo artists.”

Allen highlighted the careful work Sedlik did to arrange the shoot, to create the lighting and mood, and to put Davis in the pose that made for a classic photo that first appeared on the cover of JAZZIZ magazine in 1989. Sedlik got the copyright in 1994.

And he said that afterwards, licensing the image to others including tattoo artists was a big part of how he earned money.

Von D said during the three-day trial that she never licenses the images she copies, and she thinks of the Davis tattoo as a kind of “fan art.”

“I made zero money off it,” she said. “I’m not mass-producing anything. I think there is a big difference.” Her lawyer Grodsky stressed to the jury that that absence of an attempt to profit from the image was key to the tattoo being a form of fair use.

Allen argued in his closing that the social media posts about the tattoo were a way of advertising her and her studio, and thus a way of making money from the image.

If the jury had found for Sedlik, they could have given him anything from a few hundred dollars to $150,000.

Von D was one of the stars of the reality show “Miami Ink” then was the main artist on its spinoff “LA Ink,” which ran on TLC from 2007 to 2011.

The 41-year-old Von D, whose real name is Katherine von Drachenberg, was already a well-known young tattoo artist when she became a TV star through her appearances on TLC’s “Miami Ink” starting in 2005 on TLC. She was the leading star of its spinoff, “LA Ink,” which ran from 2007 to 2011 and made her perhaps the most famous tattoo artist in the nation. Von D said that even though she won, she’s not excited about returning to work. “I think I don’t want to ever tattoo again, my heart has been crushed through this in different ways,” she said.