Can a person “own” the art on someone else’s skin? That was the high-stakes question at the heart of the recent Ninth Circuit Court of Appeals decision in Sedlik v. von Drachenberg.[1] In a case that pitted the rights of a world-renowned photographer against a celebrity tattoo artist, the court’s ruling provides a vital update …
Category: unlawful appropriation
Understanding the Elements of a Copyright Infringement Claim
Copyright cases require plaintiffs to prove specific elements to establish a valid claim. Understanding these requirements is necessary for both copyright holders seeking to protect their work and defendants facing allegedly infringing allegations. This post examines the fundamental elements of copyright infringement, focusing on the analysis of the copying requirement. Because the Court of Appeals …