In 2017, Von D, whose legal name is Katherine Von Drachenberg, tattooed a likeness of an iconic photograph of jazz great Miles Davis onto a person.

Von D did not get paid for the tattoo but did post her work on social media.

In 2021, the man who took the photograph, Jeffrey Sedlik, filed suit against Von D for copyright infringement. 

"Essentially he's saying that the tattoo is substantially similar to his photograph of Miles Davis and therefore Kat Von D has committed copyright infringement," said Aaron Moss, a copyright attorney in California.

Von D has insisted that her version of the photograph is transformative of the original image.

A federal judge in California recently decided that the case can go to trial. 

The potential ramifications of the case are enormous for tattoo artists across the U.S.