The legal future of tattoos – selected problems. An analysis of the case of Jeffrey B. Sedlik v. Katherine Von Drachenberg (Kat von D.)

Abstract

Tattoos represent a multi-billion dollar industry that continues to experience growth (Global Tattoo Ink Market By Type..., 2024). In light of the expansion of this market, it is imperative to delineate the precise rights and responsibilities of tattoo parlour proprietors, artists, and their clientele. In practice, the majority of individuals with tattoos are unaware of their rights and obligations. It is not yet common practice for a client to request a release of liability signed by the tattoo artist. It is also important to recall that it is exceedingly challenging for the copyright holder of a design, or even a tattoo artist, to regulate the utilisation of the design. The paper examines the most significant case law pertaining to the legal protection of tattoos. The article employs the most recent and pivotal case law on the legal aspects of tattooing. Despite the analysis conducted (case law and literature on the subject), it is not feasible to derive consistent rules that could be applied in analogous cases.