CIP2 congratulates the Arts & Entertainment Advocacy Clinic at Scalia Law, led by Professor Sandra Aistars, and Student Advocate Natalie Nachman, and supported by Counsel of Record Matt Hersh of Mestaz Law, for filing a powerful amicus brief on behalf of three Tattoo Artists in the 9th Circuit Court of Appeals this week in Sedlik v. Von Drachenberg. The tattooers weighed in to support photographer Jeff Sedlik, who is appealing a copyright decision that permitted celebrity tattooist Kat Von D to tattoo a virtually exact replica of his iconic Miles Davis photograph on a client’s arm. Kat Von D and her companies also reproduced and promoted her infringing use of the Sedlik photo and resulting tattoo widely via social media in order to drive business to her various commercial interests without seeking permission or a license from Jeff.
The three tattoo artists explain the nature of the tattoo industry to the court. They also explain that the decision runs counter not only to the traditions of copyright law, but also to traditions of tattooing itself. Most tattooers have a deep respect for the creations of others. And modern tattooers have grown up with exposure to a wide variety of licensed sources. The amici understand that visual artists are part of a creative ecosystem, and that neither art form will flourish if the other is impoverished. If allowed to stand, this decision will ultimately be harmful to the tattoo industry.
To learn more about licensing in the visual arts, join Professor Aistars, Matt, and Natalie to discuss the case and other copyright issues with Jeff and one of their tattoo clients, Ross Berg, during the Virtual Legal Clinic: “Protect Your Body of Work” on Tuesday, October 29, from 2:00 – 3:30 PM Eastern! Register for free today.