Tattoo have traditionally been outside the scope of copyright. Videogames, Social Media and Movies are changing this.
*How tattoos collide with copyright
*What other rights are in tattoos
*Recent cases
*Practical basics of rights releases
1. Tattoos and Intellectual
Property
Sarterus Rowe
WSBA #47010
CC BY - @Sarterus Photo @Sarterus
Ink Celeste @ Laughing Buddha
Kanji: do you know it?
Photo & Ink @Velvet_Corpse on IG
Art: PD Girl with a Pearl Earring
5. Copyright Elements
Ink @Velvet_Corpse on IG
Model: Kylie McGrath
Model: PAul Irvine
Ink: Jacob Rempe of 36th St Tattoo Ink: Sara Kay
Art: Franz Marc's foxes
Photo & Model: Alex Fox Ink @Velvet_Corpse on IG
Model: Mall
Quote Leaves of Grass by Walt Whitman
7. Hangover 2 Victor Whitmill vs. Warner Brothers
photo by Glenn Francis of
www.PacificProDigital.com
CC-BY SA
Hangover 2 with Ed Helms
Fair Use
8.
9. Visual Artists Rights Act
Stop Destruction
17 U.S.C. § 106A(a)(3)(B)
London Tattoo removal studio
will laser off your
Kanye West tattoo for FREE
10. Public Display Rights
17 U.S.C. § 106(4)
Photo Courtesy of Jean Potter
Tattoo Owner
Photo Courtesy of Sasja Prentow
Tattoo Owner - Tattoo ironinktattoo.aarhus
20. Copyright
Photo Mal Radagast
Artist Unknown
Quote Susanna Clarke Jonathan Strange and
Mr. Norrell Bees - ? Winnie the Pooh
Place a
Swarm of
Bees at
my
ears…
34. 5 Player Tattoos
LeBron James
Kobe Bryant
DeAndre Jordan
Eric Bledsoe
Kenyon Martin
Gameplay Shots Via Youtube
Fair Use
35. Implied License
the tattooists intended the Players to copy and
distribute the Tattoos as elements of their
likenesses,
knowing that the Players were likely to appear ‘in
public, on television, in commercials, or in other
forms of media.'”
36. De Minimis
significantly reduced in size: …
a mere 4.4% to 10.96% of the size that they appear in
real life. …
not displayed [in NBA 2K] with sufficient detail for the
average lay observer to identify even the subject
matter…
38. A:
4 factors to balance
Section 107 (basically)
fair use of a copyrighted work…for
purposes such as criticism, comment,
news reporting, teaching, scholarship, or
research, is NOT an infringement of
copyright. In determining fair use consider:
● purpose and character...
commercial nature or is for nonprofit
educational purposes;
● the nature of the work;
● the amount and substantiality …
used
● $ - the effect … upon the potential
market for or value of the work
39. 5 Player Tattoos
LeBron James
Kobe Bryant
DeAndre Jordan
Eric Bledsoe
Kenyon Martin
Gameplay Shots Via Youtube
Fair Use
40. A: Factor 1 Purpose &
Character
AbsolutVision unsplash
Element5 Digital unsplash
Masaaki Komori unsplash
41. 1. Nature of Use
Guess? Creative Commercial - Plays down
Court - “purpose in displaying the Tattoos is entirely different from the purpose for which the
Tattoos were originally created... general recognizability of game figures as depictions of the Players”
tattoos’ trivial percentage of game data
(only 0.000286% to 0.000431%)
48. Hangover 2 v. NBA 2K16 Takeaways:
Hangover 2 Fair Use
Gameplay Shots Via Youtube
Fair Use
● Amount Used
● Use of Self V. New Art
● Creative Arguments
● Courts have huge discretion
● Rights of Publicity
50. Sources
Tattoos & IP Norms Aaron Perzanowski 2012
SSRN-id2145048.pdf
The Inky Ambiguity of Tattoo Copyrights: Addressing the Silence of U.S. Copyright Law on Tattooed Works
2019
The Inky Ambiguity of Tattoo Copyrights: Addressing the Silence of U.S. Copyright Law on Tattooed Works |
Iowa Law Review - The University of Iowa (uiowa.edu) 2019
The Right-of-Publicity Challenges for Tattoo Copyrights
Nevada Law Journal, Vol. 16, Spring 2016
Copyright Protection of Tattoos by Yolanda King
Published in Non-conventional Copyright - 2019
THE RIGHT-OF-PUBLICITY CHALLENGES FOR TATTOO COPYRIGHTS
Yolanda M. King 2016
51. Sources
TikTok Star Pokeprincxss Sued By Nintendo
https://gamerant.com/pokeprincxss-sued-by-nintendo/
I GOT SUED BY A GIANT COMPANY - DigitalPricxss
https://www.youtube.com/watch?v=dZhMfRrKV7c
Nimmer Dec Whitmil v. Warnerbrothers Civil Action No. 4:11-cv-752
Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v.
2K Game by Eric Goldman · https://blog.ericgoldman.org/archives/2020/03/videogame-doesnt-
infringe-tattoo-copyright-by-depicting-basketball-players-solid-oak-sketches-v-2k-games.htm