Background of the Dispute
Sedlik sued Von D, whose legal name is Katherine von Drachenberg, and her company High Voltage Tattoo in 2021 after discovering Instagram posts showing a tattoo she created based on his photograph of Davis. Sedlik argued the tattoo and related posts copied protected elements of his work without permission.
After a trial in January 2024, a jury sided with Von D, finding no substantial similarity and determining that her social media use of the photograph was protected by fair use. Sedlik appealed, challenging both findings.
In a separate memorandum disposition issued alongside Friday’s opinion, the panel specifically affirmed the jury’s fair use determination regarding the social media posts.
Von D’s attorney, Allen B. Grodsky of Leech Tishman, said the ruling was a decisive victory.
“We are pleased and gratified by the Ninth Circuit’s complete affirmance of the District Court’s judgment and refusal to set aside the jury’s unanimous verdict on substantial similarity,” Grodsky said. “This is a good day for freedom of expression.”
Attorneys for Sedlik did not respond to requests for comment.
The case is Sedlik v. Von Drachenberg et al., No. 24-3367, in the U.S. Court of Appeals for the Ninth Circuit.
