With its fact-intensive inquiries and limited bright-line rules, copyright law is known for its ambiguity, and courts often differ in their interpretations of various doctrines. The fair use doctrine is no different, and was in fact designed to grant courts discretion in making their determinations, all with the aim of maintaining the true purpose of the copyright law. Recent technologies and popularized forms of art only complicate things, adding rougher terrain to an already confusing landscape.
Game On—Copyrighted Tattoos in Video Games as Fair Use,
106 Marq. L. Rev. 1015
Available at: https://scholarship.law.marquette.edu/mulr/vol106/iss4/8