Tattoo Contract With Nike
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FAQ
Most people think, and at least one court has determined, that the body can be considered a fixed medium. Therefore, tattoos are subject to copyright protection. And since the person who creates the tattoo and puts it on somebody's body is generally the tattoo artist, that artist, by default, owns the copyright.
Make sure you're explicitly crediting artists in your captions, as well. "Be polite about it," she adds. Think of it as an open thank you note. "That artist worked really hard on that drawing, so it's important to be grateful for them allowing you to use their work, I think."
The quick and easy answer is no, a person wearing a tattoo cannot grant permission for that tattoo to be used commercially unless they designed it entirely themselves. The only person who can approve of the commercial usage of a tattoo is the artist who created it.
Yes, tattoos can be protected by copyright. Copyright can protect pictorial and graphic works so long as they are fixed in a physical object and display originality.
1: Yes, it's possible to get sued over the copyright on a tattoo.
