Copyright Developments

In a per curiam decision issued on January 2, 2026, the Ninth Circuit Court of Appeals in Sedlik v. Von Drachenberg, No. 24-3367 (9^th Cir.  January 2, 2026) affirmed the jury’s verdict for celebrity tattoo artist Katherine Von Drachenberg, professionally known as Kat Von D, over photographer Jeffrey Sedlik.

The panel upheld the jury’s finding that Von D’s tattoo of jazz musician Miles Davis, although admittedly based on Sedlik’s copyrighted 1989 photograph, did not infringe Sedlik’s copyright. Two concurring opinions, however, cast doubt on the Ninth Circuit’s extrinsic/intrinsic test and invite en banc review.