A client brought in a picture of Baby Yoda. I tattooed it. I posted it on Instagram. It went viral. Then I got a Cease & Desist from Disney and a demand for $150,000 for copyright infringement. My General Liability agent laughed. “We cover bodily injury, not Mickey Mouse.”
Key Takeaways
- IP Exclusion: General Liability policies specifically exclude “Intellectual Property Infringement.” They will not pay copyright claims.
- Media Liability is Key: You need “Media Liability” or “Cyber Liability” coverage to protect against copyright suits arising from your social media marketing.
- Personal Use vs. Commercial: Tattooing a logo on a person is arguably “fair use” or personal display. Advertising that tattoo on Instagram to get more business is Commercial Use, which triggers the lawsuit.
- The “Flash” Trap: If you buy “flash” from a stolen source and tattoo it, you are liable. Only use flash you bought rights to or drew yourself.
The “Why” (The Trap): Advertising Injury
Your GL policy has a section called “Personal and Advertising Injury.”
It covers libel, slander, and sometimes “infringement of copyright in your advertisement.”
BUT, it usually excludes infringement of “Copyright, Patent, Trademark or Trade Secret” related to your actual goods/services.
Since the tattoo is your service, the exclusion applies.
The Investigation: “I Called Them”
I checked if artists are actually getting sued.
1. The Reality Check
- Lawyers say: Disney rarely sues small artists for doing the tattoo. They sue for selling merch (T-shirts/prints) of the tattoo.
- The Risk: Photographers. If you tattoo a photo taken by a famous photographer (e.g., the Miles Davis finger shhh photo) and recreate it exactly, that photographer will sue you. (See: Sedlik v. Von Drachenberg).
2. Insurance Solution
- Product: Media Liability (standalone).
- Cost: ~$600/year.
- Coverage: Pays defense costs for copyright suits.
Comparison Table: Copyright Risks
| Action | Risk Level | Insurance Coverage (Standard) |
| Tattooing a Logo | Low | Excluded |
| Posting Photo on IG | Medium | Excluded |
| Selling T-Shirts of Design | High | Excluded |
| Tattooing Famous Photo | High | Excluded |
Step-by-Step Action Plan
- Transformative Work: Don’t copy-paste. Change the design by at least 30%. Make it your own style. This strengthens the “Fair Use” defense.
- Delete “Hashtags”: Don’t tag #Disney or #StarWars. That makes it easier for their bots to find you and proves you are using their trademark to advertise.
- Buy Media Liability: If you are a high-profile artist with a large following, you are a target. Buy the coverage.
- Reference Agreements: If a client brings a photo, have them sign: “I represent I have the right to use this image.” It shifts some liability (though not all) to them.
FAQ
Q: Can I tattoo anime characters?
A: Technically infringement. Practically, rarely prosecuted unless you mass-market it.
Q: Is “Fan Art” legal?
A: No. It is tolerated infringement.
[IMAGE: Side-by-side: Original Reference Photo vs. “Transformative” Tattoo Design showing changes.]