Maybe I'm reading the article differently but when I hear "use the images in advertising" I don't hear "use photos of my tattoo in advertising" but "use the design in advertising."
Let's say Becks visits hostile and decides to get a tattoo of the loveable Hostile smilin' alien (shown here for the blind) done by Mark. (Stupid, stupid Becks) Becks decides to sell sneakers and gets pics of himself wearing the shoes and the smilin' alien prominently visible. I'm cool with that. Mark sold him a copy of the alien and even attached it to Becks personally. He's not reproducing the alien per se so it's even legit via copyright.
Now Becks decides to show just the shoes and the smilin' alien image. Bang, my brain says 'no.' The smilin' alien is Mark's creation and predates Becks deciding to get a cool tattoo. Why should Mark lose control of the smilin' alien just cuz Becks wants to sell shoes? Copyright as I understand it says Becks bought one copy (his skin) but cannot reproduce the design.
So in summary, photo of actual tattoo good, tat design bad.
This of course goes out the window if this was a custom design in the vein of "work for hire."
Tattoo fight! Rawk!
I hate to say, but this tattoo fight may be bunk. Further searching on the topic shows the source for the "information" to be the Mirror, which is, at best, tabloid journalism.
Read "tabloid" as "same category as National Enquirer and Weekly World News." Given Becks' high-profile friendship with the artist in question, I wonder how much truth there is to these "facts."
However, flip-side, Molloy can be found in other references to be accusatory to other tattoo artists for creating slightly similar works. So it is entirely possible Molloy is an egotistical prima donna who is suing his long-time client Becks. Who knows? I'd say this being real is about 30% likely.
If it is likely, I'd hope the doofus doesn't have a legal leg to stand on. Unfortunately, thanks to recent changes in British IP law (a loosening lobbied for by...ahem...corporations) MAY allow the fuck-stain to successfully prevent Becks from using his own skin in advertising. Sad. Personally, I think the fucker should shut the fuck up and advertise he did the work, so he can shoot the same design into the skin of random soccer hooligans who crave cheap knockoffs of Becks' tats.