The copyrightability of tattoo is essentially controversial in the United States. However, it is now focused on whether the use of tattoos in video games can be regarded as copyright infringement. Because the athletes sign a license agreement with the game companies and transfer their copyrights, so that companies can use the images of the athletes in their games. The copyright belongs to the person, namely author in the EU, who made the tattoo if no contract has been made between the tattooist and the tattoo bearer. For this reason, tattoo artists claim infringement of their copyrights. However, the situation that causes problems here is the right of publicity (one of the personality rights) gives people rights on their bodies and determines how they can use and transfer of these rights. Athletes transfer them to game companies. Therefore, there is a “battle” between copyright law and personality rights.
