Abstract
Though tattoos have traditionally been viewed negatively, in the last decade, tattoos have become a popular form of self-expression. Thus, the increasing prevalence of athletes adorned with body art has sparked legal debate on tattoo ownership, protection, and commercialization. This Note briefly outlines tattooing and copyright law histories and provides an overview of copyright law today. As copyright claims by tattoo artists have, until recently, been widely settled out of court, this Note will provide an analysis of the only case to proceed to a jury trial. Based on the above, this Note asserts that tattoos are copyrightable. It further argues that an implied license is created once a tattoo is applied to the client’s skin. Finally, this Note provides contractual solutions to protect the interests of the artist, the client, and the businesses that want to utilize the client’s likeness.
Recommended Citation
Taylor Ingram,
Walking Billboards: The Copyright Landscape of Tattoos in Professional Athletics,
48
S. Ill. U. L.J.
463
(2024).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol48/iss3/8