Can I publish photos of tattoos without permission?

I have a question. Can pics of tattoos be published without permission if they weren’t done professionally and they don’t include the full name of the person who wears it or the artist/person who created it?

Kurt on May 19, 2012

Hi Kurt. The law is not settled on this matter. Tattoo designs could be considered as artwork, in which case, to sell photos, legally you would need the permission of the tattoo artist to make money from that artwork. But just displaying the photos without making money may be OK as “fair use.” There was an interesting lawsuit about a tattoo used in the movie Hangover II which was settled, possibly in the favor of the tattooist.

portfolio, artwork

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