What Type of Content Can I Use?
When listing tattoos on CO:CREATE, your designs should be:
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Original – Your own creation.
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Authorized – You have permission to use third-party content.
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Public Domain – Free for anyone to use.
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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:
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Purpose – Is the use for profit or educational purposes? Transformative use (adding new meaning or message) is more likely to be fair.
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Nature – Factual works are more likely to qualify than creative works.
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Amount – Using small portions may support fair use, but the more you use, the less likely it applies.
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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.