“Implied Copyright License Defense Shapes Up in Tattoo Cases,” Law360

In this article, Jenner & Block Special Counsel David W. Sussman and Associate Kara V. Brandeisky examine the legal tension between the tattoo artist's rights as copyright owner and the tattoo bearer's rights to freedom of expression, which includes licensing the image for commercial uses. Courts have taken divergent approaches to solve this tension; the authors suggest that one way courts could reconcile the competing rights is by finding an implied license. They then discuss two aspects of the implied license doctrine that require further clarity in the context of tattoo litigation.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“Implied Copyright License Defense Shapes Up in Tattoo Cases,” Law360

In this article, Jenner & Block Special Counsel David W. Sussman and Associate Kara V. Brandeisky examine the legal tension between the tattoo artist's rights as copyright owner and the tattoo bearer's rights to freedom of expression, which includes licensing the image for commercial uses. Courts have taken divergent approaches to solve this tension; the authors suggest that one way courts could reconcile the competing rights is by finding an implied license. They then discuss two aspects of the implied license doctrine that require further clarity in the context of tattoo litigation.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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