California copyright-case leaves tattoo artists in limbo; Fox26 Houston, January 29, 2024

Tom Zizka

, Fox26 Houston ; California copyright-case leaves tattoo artists in limbo

"Patent and Copyright expert Joh Rizvi, known at The Patent Professor, says the California case never got to the issue of whether images reproduced in tattoos are fair to use as art and expression. 

"What I find is the more interesting question is, 'Is a tattoo different? Is this free speech?'" he wonders.

Fair Use has been the subject of countless lawsuits, and Rizvi says this one leaves artists in a legal gray area, with no precedent."

Kat Von D Wins Copyright Case, Fair Use of Miles Davis Photo; Bloomberg Law, January 26, 2024

Maia Spoto, Bloomberg Law; Kat Von D Wins Copyright Case, Fair Use of Miles Davis Photo

"A tattoo by celebrity artist Kat Von D of jazz legend Miles Davis is not substantially similar to the photo it was based on, a Los Angeles jury found Friday afternoon in a victory for the tattoo industry.

The tattoo, which Von D inked for free on her friend’s arm using photographer Jeffrey Sedlik’s portrait as a reference, is fair use, the jury ruled. The jurors deliberated for less than three hours, and about half of them talked to and hugged Von D in the courtroom after the trial concluded in the Central District of California."

Who Owns the Copyright in A Tattoo?; Lexology, October 17, 2022

McKee Voorhees & Sease PLC - Brandon W. Clark, Lexology; Who Owns the Copyright in A Tattoo?

"In this, the first ever case of its kind to reach a jury, the jury found in favor of Alexander. However, the decision was something of a hollow victory for Alexander as the jury only awarded damages of $3,750. This case illustrates many of the issues with putting a copyright case in front of a jury as the court removed many of Take Two’s potential defenses from the jury’s consideration including de minimus use, an implied license, and waiver.

While the issues are novel and some of the case specific facts are fascinating, the outcome of the case could have a significant impact on copyrights and licensing for video games, television, motion pictures, and photographs. It is too early to tell what specific impact the result could have, and the minimal damages award will likely prevent an onslaught of similar cases, but the result does indicate a potential increase in risk when using someone’s name, image, and likeness, and will likely change the way these licenses are drafted in the future.

From a practical perspective, since copyright rights can only be transferred via a signed writing, the one sure way to avoid this risk is to ensure that tattoo artists sign a copyright assignment at the time the work is completed."

Explainer: who owns the copyright to your tattoo?; The Conversation, August 10, 2020

Marie Hadley, The Conversation; Explainer: who owns the copyright to your tattoo?

"So, why don’t tattooists sue over copying?

In some art industries, there can be a big gap between holding rights and exercising them. 

To tattooists, appropriation is mostly seen as a matter of ethics or manners rather than law...

These norms aside, copyright law does apply to tattoos. Whether or not more tattoo enthusiasts will seek an appropriate licence, as occurred in the case of Jarrangini (buffalo), or a copyright owner will sue for a rights violation, is another matter."

A Store of Images, From a Time When ‘Cut and Paste’ Meant Just That; New York Times, 10/30/11

Noam Cohen, New York Times; A Store of Images, From a Time When ‘Cut and Paste’ Meant Just That:

"THE sign in blue lettering read “Copyright-Free Images,” which may not rank with “Zero Percent Financing” or “Everything Must Go” when it comes to sales pitches. But it does have “free” in it, and it was enough to catch my eye while visiting London."