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Kat Von D Beats Photographer’s Copyright Lawsuit Over Miles Davis Tattoo
Von D was sued by a photographer who claimed the tattoo was based on a copyrighted 1989 photo he took of the late jazz artist.
He said it the images, which both featured a close-up of Davis gazing toward the viewer and making a “shh” gesture, were so similar he didn’t know how the jury could reach the conclusion they did. Allen emphasized the meticulous work Sedlik did to set up the shoot, to create the lighting and mood, and to put Davis in the pose that would make for an iconic photo that was first published on the cover of JAZZIZ magazine in 1989. Her attorney Grodsky emphasized for jurors that that lack of an attempt to cash in on the image was essential to the tattoo being a form of fair use, an exception in copyright law used for works including commentary, criticism and parody.
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