Monday, August 25, 2008
Talk about having skin in the game: are these tattoos infringing derivative works? Or does their inarguable personal significance to the wearer help make them fair use? Note that if the tattoo artist infringed, then the person wearing the tattoo does not have a lawfully made copy to display in public, so it's hard to separate the (almost certainly commercial) activity of the tattoo artist from the noncommercial activity of the wearer. For more: a law review note, an article, and a PowerPoint presentation about tattoos and copyright.