Sedlik v. Von Drachenberg

Ninth Circuit affirms jury finding that tattoo of jazz icon Miles Davis by celebrity tattoo artist Kat Von D was not substantially similar to and did not infringe plaintiff's photograph.

Photographer Jeffrey Sedlik created a well-known photograph of Miles Davis, depicting the jazz icon making a "Shh!" motion with his fingers over his lips and his brows slightly furrowed. In creating the photo, Sedlik positioned Davis' fingers so that the "Shh!" gesture represented a series of musical notes, adjusted Davis' hair, selected Davis' wardrobe and jewelry, and instructed Davis on his facial expression. Sedlik registered the photograph with the U.S. Copyright Office in 1994 and has since sold nonexclusive copyright licenses authorizing limited reproduction, distribution, display and creation of derivative works of the photograph for commercial and noncommercial purposes. Sedlik also has issued one tattoo license but did not charge the tattoo artist.