Ninth Circuit Upholds Kat Von D’s Victory in Landmark Miles Davis Tattoo Copyright Case
LOS ANGELES — In a decision closely watched by artists, photographers, and the tattoo industry, the U.S. Court of Appeals for the Ninth Circuit has affirmed a jury verdict clearing celebrity tattoo artist Katherine Von Drachenberg, known as Kat Von D, of copyright infringement claims over a photorealistic tattoo of jazz legend Miles Davis.
The case, Sedlik v. Von Drachenberg, stemmed from a 2017 tattoo Kat Von D created for free on her friend Blake Farmer’s arm. She used photographer Jeffrey Sedlik’s iconic 1989 portrait of Davis — featuring the musician with a finger pressed to his lips — as a reference. Sedlik alleged that the tattoo, accompanying sketch, and related social media posts infringed his copyrighted image.
A federal jury in Los Angeles deliberated for just hours in January 2024 before unanimously finding that Von D’s tattoo and sketch were not substantially similar to Sedlik’s photograph under the Ninth Circuit’s extrinsic and intrinsic tests for copyright infringement. The jury also determined that certain social media “process posts” qualified as fair use.
On January 2, 2026, a three-judge panel issued a per curiam opinion affirming the district court’s judgment in full. The court declined to disturb the jury’s subjective “intrinsic test” findings, stating that doing so “would be tantamount to supplanting the jury’s subjective interpretation with our own.”
Two judges, however, used concurring opinions to sharply question the continued viability of the circuit’s long-standing “total concept and feel” approach under the intrinsic test, suggesting it may allow verdicts untethered from objective legal standards and inviting potential en banc review.
Legal experts note the ruling provides important guidance for the creative community. Kat Von D’s attorney, Allen Grodsky, expressed satisfaction with the complete affirmance. The case has been viewed as a bellwether for how courts treat transformative tattoo art derived from photographic references.
Kat Von D, a former star of reality television’s LA Ink, has long advocated for tattooing as a legitimate artistic medium. The decision reinforces protections for artists working in skin as canvas while highlighting ongoing tensions between photography copyrights and derivative body art.
Photographer Sedlik has not publicly commented on the latest ruling as of press time. The outcome underscores the unique challenges copyright law faces when applied to ephemeral, personal mediums like tattoos.
