Copyrighted images are cleared for tattoos, according to a federal jury decision handed down Friday, sending the industry that often relies on photographs celebrating and sighing in relief.
Celebrity tattoo artist Kat Von D was sued for copyright infringement after she used an iconic photo of jazz musician Miles Davis to create a tattoo for a friend, according to the Associated Press.
The photographer who took the original picture of the musician had claimed Ms. Von D, who documented her creation of the tattoo on social media, was subject to copyright law and that she did not have permission to use the image.
The jury, however, found that the tattoo and an earlier drawing Ms. Von D made based on the photograph all fell within the legal doctrine of fair use of a copyrighted work, giving her and other tattoo artists “a resounding across-the-board victory,” the wire service reported.
Jason Anthony, owner of Golden Rule Tattoo in Phoenix, told a reporter for his local station CBS 5 that the case was a concern for the tattoo industry because the impact could have been dramatic.
“We’re not talking about a book that was published that didn’t reference the photographer,” Mr. Anthony told a reporter “We’re talking about a piece of art that’s on a human person that wants that on them.”