ARTIST NOTE: You likely don’t have intellectual property rights over that tattoo you’re wearing (unless you designed it).
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REAL-LIFE EXAMPLE: In April 2011, S. Victor Whitmill, a tattoo artist, sued Warner Brothers (“WB”) over their unauthorized use of the famous tattoo he inked on Mike Tyson’s face. Whitmill claimed that WB violated his copyright by prominently featuring the tattoo (“his art”) in The Hangover II. While the case settled, it brought up the commonly ignored conflict between use and ownership between copyrights and trademarks.
HOW COULD THAT HAPPEN? Copyright protects original works of authorship, while a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. Therefore, you can have someone design a mark that you plan to use for your business, but you may not have the right to actually further reproduce that mark without a license from the artist that created it.
Moral of the story? Unless you agreed, in writing, that your work is considered “work made for hire,” always copyright your work. The owner of the copyright is who ultimately decides how it will be reproduced. Alternatively, if you plan to incorporate the work of an artist you hired for something beyond the creation and use of the original work, make sure it’s agreed, in writing, as a “work made for hire.”
Read more about “work made for hire”