Athletes’ tattoos, copyright, and who owns what

Article in the New York Times examining the issues presented by depicting athletes in video games, and the possibility that the tattoo artist retains an interest in their work (original work of authorship fixed in a tangible medium of expression).  Thus, a human, or skin, is now a tangible medium of expression.

Seems like a simple agreement at the point of origin would fix most of these issues going forward.

Link to the New York Times article:  NYT article on who owns what athlete tattoos and video games

Tara Reid sues over Sharknado merchandise

Actress Tara Reid apparently has filed a lawsuit seeking $100 million relating to merchandising of the Sharknado film franchise.   Reportedly at issue are product categories such as branded beer and slot machines with her likeness on them, which according to her contract require her separate approval.   From a distance, this looks like a contract dispute more than a Right of Publicity case, though certainly the Right of Publicity is implicated by the issues at hand.  If her likeness is on the product, one hopes that the transformative test would not be twisted and stretched to attempt an argument that the image on the product is meant to be the character from the film, not the actress herself, that her likeness is transformed.  But it wouldn’t be the first time a carefully tailored test gets twisted down the line.

Here is Forbes coverage of the lawsuit:  https://www.forbes.com/sites/legalentertainment/2018/12/07/tara-reid-sues-sharknado-producers-for-100m/#26b5b9672c46