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
ESPN just published an interesting article that surveys a range of athletes seeking trademark registrations on catch phrases or other aspects of identity. It’s a valuable brand-building step and it has it’s place as a compliment to the Right of Publicity. What the article does not touch on, the elephant in the room, is the question of actual use. Sure, Robert Griffin can apply for “unbelievably believable” but show me the use in commerce. Some athletes obviously will satisfy the use component, but my guess is that the majority of these applications will fall into abandonment, or even fail to to reach registration.