Copyright Trial Puts Tattoo Industry at Risk
Iconic Photograph Case Challenges Norms in Tattoo Trade
Movie star tattoo artist Kat Von D is at present going through a authorized battle in Los Angeles federal courtroom over her unauthorized use of a photograph to base a tattoo on. In keeping with her lawyer, Allen Grodzky, Von D has by no means bought a license for a photograph to make use of as inspiration for her tattoos, and she or he claims that nobody has ever complained about this observe up to now.
Nonetheless, photographer Jeffrey Sedlik has taken challenge with Von D’s use of his iconic portrait of jazz legend Miles Davis with out his permission. Sedlik’s legal professional, Robert Allen, argues that simply because others within the trade could also be doing the identical factor, it doesn’t make it authorized or moral.
Through the trial, an animation was offered evaluating Sedlik’s unique {photograph} of Miles Davis with Von D’s tattoo based mostly on the picture. Allen additionally identified a double-standard within the trade, the place many tattoo artists imagine they will copy pictures however not different tattoos.
In a current ruling, Decide Dale S. Fischer decided {that a} jury wants to judge every particular person social media publish that includes Von D’s work to find out if it constitutes honest use. This aligns with a US Supreme Court docket ruling that not each alteration of a piece qualifies as transformative and honest, particularly if it has business implications.
Von D’s social media posts showcasing the Miles Davis tattoo may very well be seen as a business use of the work. Nonetheless, Von D’s lawyer contends that these posts don’t promote her tattoo observe, as she is not accepting new purchasers and has not charged for a tattoo in over a decade. Grodzky emphasizes that Von D gifted the tattoo to a pal and shared it together with her followers out of goodwill.
Then again, Sedlik, who depends on licensing charges to assist himself and his household, claims that Von D didn’t search authorization to make use of his picture. He has beforehand licensed his pictures to artists for adaptation and sale, with potential earnings reaching as much as $85,000 in some instances.
The trial is predicted to final between six and 7 days, with Von D scheduled to testify. Grodzky Olecki & Puritsky LLP is representing Von D, whereas Glaser Weil Fink Howard Jordan & Shapiro LLP is representing Sedlik on this landmark case.
The dispute between Sedlik and Von D is detailed within the case of Sedlik v. Drachenberg, which sheds mild on the altering norms within the tattoo trade and the significance of mental property rights.
