⚖ Oral Arguments, with Context

Photographer Jeffrey Sedlik challenges a tattoo based on his portrait of Miles Davis making a shushing gesture. Kat Von D used the photograph to make a tattoo for a client and posted images of the work on social media. Sedlik sued her and High Voltage Tattoo for copyright infringement. The jury found the tattoo and several related works were not substantially similar to the photograph, and found separate process images showing the photograph were fair use. The trial judge refused to overturn that verdict. A three-judge appellate panel affirmed, but its opinion was later vacated for rehearing en banc—before a larger panel. William Patry will ask the Ninth Circuit to replace its similarity test and overturn the verdict. Allen Grodsky will defend the verdict for Von Drachenberg and her tattoo shop. Listen for two terms: extrinsic similarity compares protected expressive details; intrinsic similarity asks how the works look to an ordinary observer, in overall concept and feel.

Sedlik v. Von Drachenberg, et al. (No. 24-3367) — U.S. Court of Appeals for the Ninth Circuit, argued September 29, 2026.