In the US, tattoo artist wins copyright infringement case against photographer for recreating photograph without authorization

In the US, tattoo artist wins copyright infringement case against photographer for recreating photograph without authorization

Recently, the Federal Court of Los Angeles issued a ruling in a lawsuit brought against a tattoo artist who recreated a photograph protected by Copyright (DA).

The crux of the dispute, which began in 2021, was the reproduction of a photo of the famous jazz musician Miles Davis in a tattoo by Kat Von D, an American tattoo artist. The photo in question was taken in 1989 and, at the time, was published on the cover of a mass-circulation magazine, becoming iconic. When the tattoo artist shared the image of the tattoo on her client on social media, the author of the photograph claimed that there had been a violation of his rights and sued the tattoo artist.

In her defense, Kat Von D argued that the tattoo was not done for commercial purposes, as she had tattooed the image on her friend for free. She also argued that the work was transformative, as there were some differences between the tattoo and the original photo, which is one of the criteria used to waive the author’s authorization, according to American law. On the other hand, the photographer claimed that the reproduction of the photo as a tattoo did not fall within this exception, especially as it was used to promote the artist’s business.

The unanimous judgment found that the tattoo was not “substantially similar” to the DA-protected portrait. Furthermore, it held that the use of the image fell within the requirements for the application of the “fair use” doctrine. “Fair use” is an American legal institute that allows certain uses of copyrighted works, without the need for prior authorization from the author or payment of royalties, in order to promote freedom of expression.

Possible violations of the artist’s image rights were not addressed in the case in question.

The case can be accessed via the link: https://www.bloomberglaw.com/public/desktop/document/JeffreyBSedlikvKatherineVonDrachenbergetalDocketNo221cv01102CDCal?doc_id=X1Q6OAQONNO2

Note: For quick release and cost control, this English version is provided by automated translation without human review.