Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Tattoos May Bring on a Host of New Legal Complications for Athletes, Businesses
Author: Scarinci Hollenbeck, LLC
Date: September 13, 2013
Key Contacts
Back
Professional athletes may be accustomed to a slew of potential lawsuits stemming from sports violations, contract issues, defamation and slander, union agreements, and injuries. But a new and unexpected issue may be on the forefront that could pose new legal complications for athletes, game makers, and the sports industry: tattoos.
In recent years, a string of copyright infringement lawsuits have been brought against various organizations and businesses when they display players – and their identifying tattoos – in video games, commercials, promotional materials, and other media coverage without crediting the tattoo artist. Bloomberg recalled a 2009 case in which tattoo artist Christopher Escobedo sued game maker THQ for displaying a tattoo he created for martial arts fighter Carlos Condit in a video game. Escobedo claimed he received no recognition for an “exact replica” of his art.
Several other cases have emerged since then, and given the largely unchartered territory of how tattoos may be treated under federal copyright law, athletes, sports unions, leagues and third-party businesses are expected to see an uptick in these cases, which may provide some clarity to this thorny issue. Currently, many judges are in agreement that under existing copyright laws, tattoos fall under the “modicum of creativity” clause that enables them to be copyrighted.
The bigger question is how courts will treat images displayed on a person’s skin once that person has left the tattoo parlor and chooses to display the images elsewhere. Does that individual then have ownership of the art, and therefore the discretion to give game makers and other parties permission to use their likeness without giving attribution to the tattoo artist? Or, in instances where artists create a unique image for a player, do tattoo artists then have more discretion over how these images are viewed? Even more complex is whether these artists should be able to register and copyright unique images to prohibit athletes from displaying them on or off the field.
As the courts set new precedents surrounding the treatment of tattoos under copyright law, players and businesses may need to tread more carefully to avoid potentially costly litigation.
- Industries: Entertainment & Media
- Practices: Copyright
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Why Secured Transactions Are Important
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Author: Dan Brecher
Corporate Consolidation and Antitrust Issues in Mergers
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
What is Business Law and Why Is it Important?
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate Transactions: Best Practices for Successful Deals
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.