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Yolanda M. King

In the United States, artists increasingly claim federal copyright protection for subject matter that does fit within traditional conceptions of creativity. Tattoos have recently emerged as one of the most controversial and publicized forms of expression. Tattoos push the boundaries of copyrightable subject matter due to, among other challenges, the unique tension between protection of art and recognition of the autonomy of the person who will bear that art. This chapter investigates whether modern U.S. copyright law should be more adaptable to the protection of this unconventional form of expression. It examines the requirements for copyright protection for tattoos and the complexities of their authorship. The chapter concludes that copyright law should be interpreted to protect tattoos.

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Yolanda M. King

In the past several years, a number of tattoo artists and one of their exclusive licensees have filed lawsuits against a variety of businesses for copyright infringement of their tattoos. However, none of these lawsuits have gone to trial. This case review examines a pending tattoo copyright lawsuit filed against a video game maker in 2016, Solid Oak Sketches, LLC v. 2K Games et al, and mentions another more recently filed lawsuit against the same video game maker, Hayden v. 2K Games, Inc. et al.