Ninth Circuit Greenlights Tattoo Copying of Photographs (of Miles Davis at least)

Katie and Steve speak with esteemed copyright lawyer Nancy Wolff about the Ninth Circuit case Sedlik v. Von Drachenberg, in which photographer Jeffrey Sedlik sued celebrity tattoo artist Kat Von D for copyright infringement related to her inking a copy of his photographic portrait of Miles Davis on a friend's arm and publicizing the process on social media. They discuss the Ninth Circuit's unique approach to copyright infringement in applying a subjective (jury-determined) test for substantial similarity based on "total concept and feel" and how that test may be in conflict with basic and established copyright principals.

Notes for this episode: https://artlawpodcast.com/2026/04/27/ninth-circuit-greenlights-tattoo-copying-of-photographs-of-miles-davis-at-least/

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.