A judge granted a jury trial to the photographer suing Kat Von D for using his photo of Miles Davis as a tattoo - after Andy Warhol ruling.
A judge has granted a jury trial to the photographer suing celebrity tattoo artist Kat Von D for using his photo of jazz musician Miles Davis as a tattoo for a client — followingagainst Katherine Von Drachenberg, better known as Kat Von D, accusing her of infringing on his copyright by using his iconic 1989 photo of Davis for a tattoo on her friend Blake Farmer.
Judge Fisher paused Sedlik’s copyright suit against Kat Von D to wait for the U.S. Supreme Court’s anticipated Andy Warhol fair use ruling over the artist’s use of photographer Lynn Goldsmith’s photo of Prince.In May this year, America’s highest court held that Warhol’s portraits of music icon Prince was not fair use of Goldsmith’s copyrighted photo, and ruled that Warhol’s work shared the same commercial purpose as the original image photo of Prince.
“On May 18, 2023, the United States Supreme Court decided Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith … giving lower courts new instructions on how to evaluate the first factor under 17 U.S.C. § 107’s fair use analysis. Warhol changes the court’s analysis.”, in light of Warhol, Judge Fischer says that the defendants have not provided evidence that Von D’s tattoo is transformative and that the decision is better left for a jury to decide.
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