When uploading tattoo designs to CO:CREATE, it's essential to ensure the work is either original or legally usable. Artists are responsible for all content they upload and must avoid using copyrighted material without permission.
What Kind of Content Can I Use?
To stay compliant, your tattoo designs must fall into one of the following categories:
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Original: You created the artwork yourself.
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Authorized: You’ve received clear, written permission to use third-party content.
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Public Domain: The content is free for anyone to use without restriction.
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Fair Use: Your use qualifies under U.S. fair use laws (more below).
What Counts as Fair Use?
Fair use is complex and determined on a case-by-case basis. U.S. copyright law considers four main factors:
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Purpose
Transformative uses (e.g., adding a new meaning or message) are more likely to qualify, especially if non-commercial. -
Nature of the Original Work
Factual or educational content is more likely to meet fair use standards than creative or fictional works. -
Amount Used
The less you use, the more likely fair use applies. Using the entire work often disqualifies it. -
Market Impact
If your tattoo harms the value or market for the original, it’s unlikely to be considered fair use.
Example: Creating a design that includes commentary on a small part of an existing image may qualify. Copying or recreating a full tattoo design does not.
You’re Responsible for What You Post
CO:CREATE does not assume legal responsibility for infringement claims. Artists are fully responsible for ensuring the legality of any third-party content they use.
If you're unsure, consult a legal professional before including outside content in your tattoo listings. See the Artist Addendum in our Terms of Service for more details.