Miles Davis Tattoo Extra Verdict Plays Into Possible Appeal (1)

A celebrity tattoo artist’s triumph over allegations she infringed the copyright of a photo of Miles Davis carried an unusual hitch: jury findings on fair use that appear to defy the verdict form’s instructions.

Katherine Von Drachenberg, best known as Kat Von D, convinced a jury that her tattoo, sketch, and social media posts weren’t substantially similar to Jeffrey Sedlik’s photo of Miles Davis during a recent trial at the US District Court for the Central District of California, and therefore didn’t infringe. Despite verdict form instructions telling the jury to stop deliberations for any items that weren’t substantially similar, ...