An increasing trend in copyright infringement suits filed in the
United States has tattoo artists bringing suit against
entertainment entities, and in some cases against the tattoo bearer
themselves, for the reproduction or recreation of tattoos they
created. Most commentators would likely conclude that tattoos
are eligible for copyright protection under the Copyright
Act. However, it is important to note that a distinction can
be made between the copyright in the design of the tattoo and the
copyright in the tattoo as it is reproduced on the body of a
person
In terms of the design of the tattoo, § 102 of the
Copyright Act, 17 U.S.C. §§ 101 et seq., extends
to protection to "original works of authorship fixed in any
tangible medium of expression." This section further
details that "works of authorship" include
"pictorial, graphic, or sculptural works," and tattoos
would arguably fall under this category. Additionally, tattoo
designs would also arguably qualify
