{"id":6307,"date":"2024-01-26T15:00:19","date_gmt":"2024-01-26T20:00:19","guid":{"rendered":"https:\/\/mkultramagazine.com\/?p=6307"},"modified":"2024-01-26T15:00:22","modified_gmt":"2024-01-26T20:00:22","slug":"kat-von-d-tattoo-trial-could-change-ink-industry","status":"publish","type":"post","link":"https:\/\/mkultramagazine.com\/?p=6307","title":{"rendered":"Kat Von D Tattoo Trial Could Change Ink Industry"},"content":{"rendered":"
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SOURCE: WGN<\/p>\n\n\n\n

Von D\u2019s lawyers contended in court she\u2019s never needed to receive a license for a photo to base a tattoo on because of fair use rules. Under copyright law<\/a>, copyrighted work can be used without permission from the owner if it is used for purposes such as commentary or criticism, or if the new work \u201ctransforms\u201d the reference piece.<\/p>\n\n\n\n

At the center of the trial is a\u00a01989 photo of Davis<\/a>\u00a0staring into the camera and holding a finger to his lips to depict a \u201cshhh\u201d gesture.<\/p>\n\n\n\n

Lawyers for Von D, a former reality TV star who appeared on Miami Ink <\/em>and LA Ink, told a Los Angeles jury that Von D only used the photo of Davis for inspiration and created a different work of art on a friend\u2019s arm seven years ago, Rolling Stone reported<\/a>.<\/p>\n\n\n\n

\u201cYou will see that there are many differences,\u201d Von D\u2019s lawyer Allen B. Grodsky said in court, pointing to differences in the use of lights and shadows, hairstyle and eye shapes. Grodsky also argued his client did not monetize the image in any way.<\/p>\n\n\n\n

But on the stand, Sedlik said Von D used the tattoo to promote herself and brand on social media, reaching tens of thousands of people, Rolling Stone reported.<\/p>\n\n\n\n

The case stems from a lawsuit brought in 2021 and is thought to be the first to consider whether copyright protections for photos apply to tattoos, according to Bloomberg. A judge ruled in October that in light of a recent Supreme Court ruling, a jury would need to examine whether Von D\u2019s tattoo was a fair use.<\/p>\n\n\n\n

That case was Andy Warhol Foundation v. Goldsmith, which last year found that the 2016 publication of an Andy Warhol image of the singer Prince violated photographer Lynn Goldsmith\u2019s copyright.<\/p>\n\n\n\n

Justice Sonia Sotomayor\u00a0wrote in the majority opinion<\/a>\u00a0that not every recreated work counts as fair use, and that degrees of change must be balanced against a work\u2019s commercial nature.<\/p>\n\n\n\n

Juror\u2019s in Von D\u2019s trial will have to decide whether her tattoo constitutes a fair use re-creation of Sedlik\u2019s image.<\/p>\n","protected":false},"excerpt":{"rendered":"

SOURCE: WGN Von D\u2019s lawyers contended in court she\u2019s never needed to receive a license for a photo to base a tattoo on because of fair use rules. Under copyright law, copyrighted work can be used without permission from the owner if it is used for purposes such as commentary or criticism, or if the new… Read More »Kat Von D Tattoo Trial Could Change Ink Industry<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":6309,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","neve_meta_sidebar":"","neve_meta_container":"","neve_meta_enable_content_width":"","neve_meta_content_width":0,"neve_meta_title_alignment":"","neve_meta_author_avatar":"","neve_post_elements_order":"","neve_meta_disable_header":"","neve_meta_disable_footer":"","neve_meta_disable_title":"","ngg_post_thumbnail":0,"_themeisle_gutenberg_block_has_review":false,"footnotes":""},"categories":[7],"tags":[],"class_list":["post-6307","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=\/wp\/v2\/posts\/6307","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6307"}],"version-history":[{"count":1,"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=\/wp\/v2\/posts\/6307\/revisions"}],"predecessor-version":[{"id":6310,"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=\/wp\/v2\/posts\/6307\/revisions\/6310"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=\/wp\/v2\/media\/6309"}],"wp:attachment":[{"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6307"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6307"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mkultramagazine.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6307"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}