3 Count: Sleep Token

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1: Will the Kat Von D Tattoo Case Kill “Total Concept and Feel”?

First off today, Aaron Moss at Copyright Lately reports that the Ninth Circuit Court of Appeals has upheld a jury verdict in the Kat Von D case, but may have laid the groundwork for another appeal.

The lawsuit was filed by photographer Jeffrey Sedlik. He alleged Von D committed infringement by using a photo he took of Miles Davis to create a tattoo. However, Von D won a sweeping jury verdict, with the jury finding that there was no “substantial similarity” between the works, even though Von D admitted to using the photo for the tattoo.

The Ninth Circuit has upheld that ruling, but two of the three judges expressed uncertainty that the test used, the “total concept and feel” test should survive. This could set the stage for an en banc review of the case, where all nine circuit judges hear the case, possibly leading to the fifty-year-old standard being rejected.

2: ‘Top Gun: Maverick’ Copyright Claim Rejected by US Appeals Court

Next up today, Jonathan Stempel at Reuters reports that the Ninth Circuit Court of Appeals has upheld another lower court decision, this one in the battle over the film Top Gun: Maverick.

The lawsuit was filed by the estate of writer Ehud Yonay. Yonay wrote the original article about the U.S. Navy’s Top Gun school. Though Yonay gave Paramount the right to make the first Top Gun film, the estate alleged that the sequel was a copyright infringement. However, the lower court dismissed the case, saying that the two works were not substantially similar.

The Ninth Circuit has upheld that verdict, saying that the only similarities between the works are not protectable under copyright. The panel further added that Paramount was not required to credit Yonay since his earlier agreement did not cover the new film.

3: Sleep Token Accused of Copyright Infringement by Photographer Who Claims Picture Was Used on Merch Without Permission

Finally today, Stef Lach at Louder reports that photographer Laura Ioana is claiming the band Sleep Token has used a photograph she took of the band’s frontman on merchandise without her permission.

According to Ioana, she took the photo in 2023 at a music festival in Denmark. She then learned that the photo was being used on band merch the next year, despite never having entered into an agreement. Though she has not filed a lawsuit, she is asking for help getting in contact with the band’s management.

The story has gained a great deal of attention because of Sleep Token’s famously strong stance on protecting their own copyright. This includes shuttering a tattoo artist’s Instagram account for featuring tattoos based on the band’s work.

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