I feel intent should matter, is the intent to show the tattoo art? or to make a likeness recognizeable? Mike Tyson has a tattoo on his head, is the intent to co

I feel intent should matter, is the intent to show the tattoo art? or to make a likeness recognizeable? Mike Tyson has a tattoo on his head, is the intent to convey a likeness of Tyson? or to sell the tattoo as a brand in itself(t shirts and such as a logo)? I mean is it fair use?