When listing tattoos for sale on Co:Create, it's important to ensure that your content is:
- Original to You: The design should be your own creation.
- Authorized for Use: You should have permission to use any third-party content.
- In the Public Domain: The content should be free for use by everyone.
- Fair Use: You can use the content under the doctrine of fair use.
Fair Use Analysis in the U.S.:
There are four factors to consider when determining fair use:
- Purpose and Character of the Use: Is the use commercial or for nonprofit educational purposes?
- Nature of the Copyrighted Work: What is the nature of the work being used?
- Amount and Substantiality: How much of the original work is being used in relation to the whole?
- Effect on the Market: How does the use affect the market value of the original work?
While the fact that the tattoos are NFTs may not significantly impact this analysis, it could increase the visibility of potentially infringing content to copyright holders. Each case needs to be evaluated individually.
Important Note:
The risk of using potentially infringing material in your tattoo designs is your responsibility. Co:Create is not liable for any trademark or copyright infringement claims, as stated in the Artist Addendum.
Disclaimer:
Co:Create is not your attorney. You should consult a legal professional before incorporating any third-party content into your tattoo designs.