SCORE A TOUCHDOWN, KISS YOUR TATTOO, AND GET SUED FOR COPYRIGHT INFRINGEMENT?

This article discusses the connection between copyright law and tattoos, an art form that has not commonly been thought of as a highly protected type of intellectual property under the Copyright Act of 1976 (Copyright A ct). The issue of existence and control of tattoo intellectual property has started to make its appearance in multiple federal district courtrooms across the United States; however, thus far all cases have settled before proceeding to trial. As a result, legal precedent informing potential litigants about the merits of their cases has yet to be firmly established. This article attempts to fully explain the applicability of the Copyright Act to the tattoo industry by highlighting the claims and affirmative defenses that the respective parties may assert in litigation. [ABSTRACT FROM AUTHOR]