Katherine Von Drachenberg (41) – since her relationship with Sandra Bullock’s (59) ex-husband Jesse G. James (54) and the US reality soap “LA Ink.” known by her stage name Kat Von D – has won in court against photographer Jeffrey Sedlik, as reported by Billboard magazine. He filed a copyright infringement lawsuit against the tattoo artist in February 2021: A Miles Davis tattoo she did was based on a copyrighted photo he took of the late jazz artist (1926-1991) in 1989.
A jury decided in favor of the 41-year-old on January 26th. According to the court, she did not need permission from the photographer because the tattoo was not similar enough to Davis’ portrait. Sedlik’s lawyer, Robert Edward Allen, cannot understand this and plans to appeal. “If these two things are not substantially similar, then neither’s art is safe,” the magazine quoted him as saying.
Kat Von D tattooed Miles Davis’ face on her boyfriend’s arm for free around seven years ago. In the tattoo, as in the portrait image, Davis looks forward and makes a silent gesture with his finger. The reality star documented the creation process in various social media postings from her tattoo studio.
As “Rolling Stone” also reports, the famous tattoo artist said in court that her work was her own “interpretation” or “fan art” and that she had no financial advantages as a result. For her lawyer, the fact that Kat Von D. did not try to make money with the picture is crucial for an exception to copyright.
After the court verdict, the mother of a son can take a breather: “I’m obviously very happy that it’s over,” Billboard quoted her as saying outside the courtroom. It was “a nightmare to worry about, not only for me but also for my tattoo colleagues.” But despite her court victory, Kat Von D isn’t really looking forward to tattooing again – in fact, she’s not sure she wants to go back to work at all: “My heart has been broken in a number of ways by this thing,” she said, but left her decision open by adding “We’ll see with time.” First of all, it remains to be seen whether Sedlik’s lawyer will appeal.