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
Dissolving Your Business: Essential Legal Steps to Protect Your Interests
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
The Role of Corporate Restructuring in Mergers & Acquisitions
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Understanding Chattel Paper: A Key Component in Secured Transactions
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
Crypto Compliance: A Comprehensive Guide
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Supreme Court and Title VII: Implications for Reverse Discrimination
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
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.