Why tattoos may need copyright protection

In a previous post this blog discussed the issue of whether tattoos could be protected under copyright. Just because an image is a tattoo, it does not mean the work isn't protected under copyright. Some tattoo artists have taken legal action to protect their original works.

As discussed in the previous post, the NFL Players Association had been taking precautions to stay safe from lawsuits involving copyrighted tattoos. Many NFL players have prominent body art. These players also appear in video games and a tattoo artist had taken issue with the fact that one of his tattoos had been featured on a player that was portrayed in a game, without his permission. 

Recently NPR wrote about this issue as it pertains to the Madden NFL video game. According to the article, video games have become more realistic, but due to copyright concerns, player tattoos have not always been included. However, the new edition of the game, which according to NPR has sold over 100 million copies in 25 years, will feature tattoos on the player Colin Kaepernick.

Colin Kaepernick is the starting quarterback for the San Francisco 49ers. He has tattoos on his arms, chest and back. Since the person who has been tattooed constitutes a "tangible medium," this means that their body art may be subject to copyright, but this leaves the door open for a potential lawsuit. For this reason, it was recommended that players obtain the rights to their tattoos.

Every business should be aware of potential copyright issues. Expert counsel from a Phoenix, AZ small business attorney can help you determine the best course of action to protect your rights and steer clear of potential infringement.  

Categorised in: Intellectual Property Law

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