Photographer Says Miles Davis Tattoo is Not Fair Use After Andy Warhol Ruling

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Photographer Says Miles Davis Tattoo is Not Fair Use After Andy Warhol Ruling
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A photographer, who sued Kat Von D over Miles Davis photo as a tattoo, claims iinking is not a fair use of his work after Andy Warhol ruling.

against 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.

At the time, Sedlik’s lawsuit was reported to be the first-ever case about whether image copyright protections extend to tattoos.In November 2022, U.S. District Judge Dale S. Fischer 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.

The photographer’s attorney noted that the U.S. Supreme Court’s recent Andy Warhol ruling changes the fair use analysis regarding purpose and character of the use.

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