Kat Von D appeared in a Los Angeles court on Tuesday for the first day of her copyright trial against a photographer.
The celebrity tattoo artist has been accused of infringing photographer Jeffrey Sedlik's copyright by inking his portrait of Miles Davis onto a friend's shoulder for free almost seven years ago.
Sedlik claims she took his "iconic" photograph of the jazz legend, which appeared on the cover of JAZZIZ magazine in August 1989, and tattooed it without asking his permission or paying him.
In his opening statement, Von D's lawyer Allen B. Grodsky argued that the former Miami Ink star only used the photo for "inspiration" and then went on to highlight the alleged differences between the image and the tattoo.
"You will see that there are many differences," he told jurors, reports Rolling Stone. "(There are) differences in the position and shape of shadows, difference in the use of light, difference in the hairstyle, differences in the shape and rendering of the eyes."
"Kat Von D's interpretation of Miles Davis had a sentiment that was more melancholy than Mr. Sedlik's," her attorney continued. "And you'll see that it has movement that's not found in his. Kat Von D did not attempt to monetise the tattoo in any way. She did not make photos of prints that she sold. She didn't sell tee shirts or mugs. She didn't sell products in any way."
The TV personality's team argued that the tattoo was "transformative" enough to qualify as "fair use", which protects artistic representations of copyrighted works.
Sedlik filed his lawsuit against Von D three years ago. Although she gave the ink for free, he claimed her social media posts about the tattoo promoted her brand.
The social media post, which is still active, shows the 41-year-old inking the Davis portrait on her friend's shoulder with Sedlik's photo taped to the wall next to her.
The photographer claims the post shows her "attempting to precisely replicate every aspect of the Iconic Miles Davis portrait in the form of a tattoo".
The trial continues.
