Sedlik v. Von Drachenberg, et al.

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Case overview

Case Number:

24-3367

Court:

Appellate - 9th Circuit

Nature of Suit:

  1. June 09, 2026

    9th Circ. Grants Rare Rehearing In Kat Von D Tattoo Fight

    The Ninth Circuit agreed Tuesday to take the rare step of having a larger panel rehear a copyright dispute over Kat Von D's Miles Davis tattoo, vacating a ruling that upheld the celebrity tattoo artist's trial win.

  2. January 02, 2026

    9th Circ. Affirms Kat Von D's IP Win But Says New Test Needed

    A Ninth Circuit panel affirmed tattoo artist Kat Von D's jury win Friday over a photographer who claimed she infringed his photo of Miles Davis, although two judges said the "intrinsic" test applied by the jury should be discarded in the circuit because it handcuffs courts to verdicts finding no infringement.

  3. January 02, 2026

    Copyright Cases To Watch In 2026

    U.S. federal courts this year will continue to review consequential copyright infringement suits involving artificial intelligence, while appeals court decisions remain pending in a pair of notable fair use cases involving ROSS Intelligence and Microsoft. Here are Law360's picks for copyright cases to watch in 2026.

  4. July 24, 2025

    Will 9th Circ. Take 'Rare' Step Of Nixing Kat Von D's IP Win?

    A Ninth Circuit panel openly struggled this month with a jury's verdict clearing tattoo artist Kat Von D of infringing a photographer's copyrighted photo of Miles Davis, and is now facing the rare proposition of nullifying the verdict based on its own interpretation of the images.

  5. July 14, 2025

    'It Is The Same Photo': 9th Circ. Questions Von D's Tattoo Win

    A Ninth Circuit panel grappled Monday with tattoo artist Kat Von D's jury win over a photographer who claimed she infringed his copyrighted photo of Miles Davis with a tattoo she inked, with one judge noting the panel disagrees with the jury's finding the two works aren't substantially similar.

  6. April 08, 2025

    Photographer Tells 9th Circ. Kat Von D Tattoo Is Not Fair Use

    A photographer has urged the Ninth Circuit to reverse a jury verdict that found celebrity tattoo artist Kat Von D did not infringe a Miles Davis picture that was the basis for a tattoo she drew, saying her company admitted that it was "100%" the same as the photograph.

  7. January 01, 2025

    Copyright Cases To Watch In 2025

    Several copyright cases involving artificial intelligence are teed up for major rulings in 2025, with attorneys anxiously awaiting what courts have to say about fair use, and at the Ninth Circuit, a photographer will argue for the reversal of a jury finding that a tattoo artist didn't infringe his photo of Miles Davis. Here are Law360's picks for copyright cases to watch in 2025.

  8. December 17, 2024

    Kat Von D Defends Tattoo Copyright Win At 9th Circ.

    The reality TV tattoo artist Kat Von D has told the Ninth Circuit that a photographer who mounted a failed copyright lawsuit over a photo of the jazz great Miles Davis is now ignoring "most of the facts" by appealing the jury verdict that rejected the infringement case. 

  9. October 16, 2024

    Photog Tells 9th Circ. Miles Davis Tattoo Was Not Fair Use

    A photographer wants the Ninth Circuit to undo a California federal jury's finding that cleared celebrity tattoo artist Kat Von D of claims she infringed a copyrighted photo of Miles Davis that he took, saying she failed to adequately show fair use.

  10. July 26, 2024

    Copyright Cases To Watch In The Second Half Of 2024

    The first copyright trial arising from an artificial intelligence platform could provide intellectual property attorneys with insight into dozens of pending suits against AI companies, while the Tenth Circuit is reconsidering whether Netflix made fair use of a funeral clip in its "Tiger King" docuseries.