Tattoos as Intellectual Property: No Laser Removal Without Removal of Legal Protections

Abstract

Celebrity tattoos have been the focus of many copyright claims by tattoo artists, presumably because of the money a celebrity might receive from appearances that feature their tattoos. The important difference between tattoos and traditional art — the tattoo’s live canvas — only begins to point to the issues raised by the attempt to fit tattoos into the intellectual property laws of the United States. Because of the relationship that develops between artist and canvas and the equal claims each have to the resulting art, and despite past successful copyright claims, tattoos cannot fit perfectly into the traditional protective frame afforded all artists under federal law.

Keywords: intellectual property, tattoos, art, copyright, celebrity, Mike Tyson