Tattoos, Fame, and Copyright: A Legal Tug of War

There is a tricky issue brewing about who actually owns the rights to tattoos - especially when they appear in video games, movies or other multimedia.

Household names (or 'Talent' as known in the industry) should be cautious. This includes actors, athletes, content creators etc.

The key issue is whether tattoo artists hold the exclusive copyright to their work, or if the Talent, who have these tattoos on their bodies as part of their public image, should own such rights.

You might think it is clearly the latter.

But that would not be entirely correct.

The law

In order to answer the questions around ownership of tattoos, you have to look at existing copyright legislation.

You therefore have to look for legal precedent in the courts, in this case the US:

• LeBron James in NBA 2K (2023): The tattoo artist lost in alleging copyright infringement after the tattoos of NBA stars like LeBron James were replicated in the NBA 2K video game series.
• Randy Orton in WWE (2022): The tattoo artist won in her claim against WWE and Take Two and interestingly the court ruled against WWE's defence of 'fair use'.

The results are mixed.

Artists' viewpoint

Tattoo artists have argued that their work is a form of art, and like any artist, they own the rights to what they create.

So when tattoos are shown in games, movies or even merch, the artist feels they should be paid or asked permission. This is particularly relevant when it comes to well-known artists.

Talents' viewpoint

This view is not welcome by Talent.

They allege that they too have a right to exploit their tattoos if they made a significant contribution in the design process and should be regarded as joint owners.

Others argue that artists are deemed to have given an implied licence or permission to an individual, particularly Talent, who commercialise their image.

How to avoid a growing problem

Such views are disputable until firmer case authority is established in this area.

But one thing is for certain - Talent are being told get written permissions from artists, especially if their image is likely to be used in commercial ways like games or ads.

In 2013, the NFL advised its players to get copyright waivers from its artists.

Media companies are encouraged to secure legal rights before using tattoos in their products.

A release from a tattoo artist is certainly a way of tackling this issue head-on.

What is clear is the battle is far from over.

The lines between art, ownership, and identity are getting blurrier by the day.