Kat Von D Case Vacated; Case to Be Heard En Banc

On June 9, 2026, the Ninth Circuit Court of Appeals issued an order vacating the recent Sedlik v. Von Drachenberg case,¹ which we discussed on the blog. In that opinion, the three-judge panel held that a Miles Davis tattoo created by celebrity tattoo artist Katherine von Drachenberg (Kat Von D), and based on a photograph taken by Jeffrey Sedlik, on the arm of a client was not substantially similar and therefore, not copyright infringement. This opinion has been vacated until the full en banc opinion is released sometime later this year (or even into 2027). Briefing has not yet been scheduled for the en banc case.

We will continue to update the developments on this case. It is a significant case not only because of the issue of copyright fair use, but also because of the issue of copyright ownership over another person’s body.

For more information on this case, copyrights, or how I.P. intersects with other areas of law, please contact Yonaxis I.P. Law Group.