Using Third-Party Content in Tattoo Listings

What Type of Content Can I Use?
When listing tattoos on CO:CREATE, your designs should be:

  • Original – Your own creation.

  • Authorized – You have permission to use third-party content.

  • Public Domain – Free for anyone to use.

  • Fair Use – Permissible under U.S. fair use laws.

How Do I Know if It’s Fair Use?
Fair use is determined by four factors:

  1. Purpose – Is the use for profit or educational purposes? Transformative use (adding new meaning or message) is more likely to be fair.

  2. Nature – Factual works are more likely to qualify than creative works.

  3. Amount – Using small portions may support fair use, but the more you use, the less likely it applies.

  4. Market Effect – If your use harms the original work’s market value, it’s less likely to be fair use.

For example, using a small part of a copyrighted tattoo for commentary may be fair use, but replicating an entire tattoo design for sale likely isn’t.

Important: You’re responsible for any copyright risks. CO:CREATE isn’t liable for infringement claims (see Artist Addendum). Consult a lawyer for legal advice before using third-party content.