Wednesday, April 1, 2020

Who Owns the Copyright to Tattoos? A Court Issues a Landmark Ruling Over LeBron James and Other NBA Stars’ Right to License Their Body Art; artnet news, March 30, 2020

Taylor Dafoe, artnet news; Who Owns the Copyright to Tattoos? A Court Issues a Landmark Ruling Over LeBron James and Other NBA Stars’ Right to License Their Body Art
LeBron James says he has the right to license his own likeness, and that includes his tattoos.

"The US district court judge came down on the side of the video game company, writing that the “tattooists necessarily granted the Players nonexclusive licenses to use the Tattoos as part of their likenesses.”...

The judge ultimately agreed with James when she “effectively decided that the right of the athletes to license their likeness was not enslaved by the copyright interests of those artists that had inked the athletes,” Amelia Brankov, a copyright lawyer not involved in the case, told Artnet News...
Whether or not the decision will impact future cases on body art is still to be seen, but Brankov notes that there are several other pending cases against video game publishers that pertain to tattoos.

“While other courts are not obligated to follow her reasoning, [this judge’s] decision could be a harbinger of dismissals in other cases,” Brankov says."

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