The case of copyright infringement filed against the celebrity tattoo artist, Kat Von D, was ruled in her favour by the Federal Court in Los Angeles. The artist had been accused of copyright infringement of an image that was reproduced in the form of a tattoo. The tattoo featured the jazz legend Miles Davis, based on the picture captured by the photographer, Jeffrey Sedlik. The case, as filed by Jeffrey Sedlik was on the premise that the tattoo artist didn’t hold a licence to reproduce his photograph, thus contributing to copyright infringement. There was no dispute on the usage of Sedlik’s photograph by Kat Von D, and she sought the defence of “Fair Use”. The primary issues included the question of substantial similarity between the tattoo and the photograph, which was used as a reference by the tattoo artist and the Court examined the issue of “fair use” of the copyrighted photograph.
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