Tattoo artists own all rights to their designs, and they can protect their copyrights with the doctrine of Fair Use under copyright law. Tattoo copyright infringement occurs when a copyrighted tattoo design is used or reproduced without obtaining permission from the rightful owner, usually the tattoo artist. This infringement can take various forms, such as re-creating a celebrity with tattoos or using tattoo flash as stencils for rapid tattooing.
To be protected by copyright, a work must be original and fixed in a tangible medium of expression. Tattoos meet these requirements, and tattoo artists can have legal protection against unauthorized use or replication of their designs. However, there is no court decision on the copyrightability of tattoos, but tattoo flash is copyrightable. Tattooists are considered the owner of the rights unless they were an employee when the work was created, in which case, the employer may be the owner.
Tattoos can be protected by copyright as long as they are fixed in a physical object and display. To be protected under copyright, a tattoo must be original to the artist and possess at least a minimal amount of originality and fixation. As with any literary or artistic work, a tattoo will be copyrighted so long as it does not copy a substantial part of another artwork.
Copyright law in Canada generally accepts that unique tattoo designs meet the minimal requirements of originality and fixation. However, the answer is no: the tattoo artist is actively copying the work of another creative, therefore infringing upon a protected design. Tattoo artists should be aware of their designs’ copyright protection and have the right to control how they are used. Designs that are sufficiently unique should be registered for copyright, and tattoo consent and release forms should cover IP ownership.
| Article | Description | Site |
|---|---|---|
| Are Tattoos Protected By Copyright Laws | Yes, tattoos can be protected by copyright. Copyright can protect pictorial and graphic works so long as they are fixed in a physical object and display … | copyrightalliance.org |
| Not that I care, but are tattoo Artists technically breaching … | For those who don’t want to click, the short answer is, yes, it is an infringement of the copyright to tattoo a copyrighted work onto a client. | reddit.com |
| Can you copyright a tattoo design? Do you need to hire … | As with any literary or artistic work, a tattoo will be copyright so long as it does not copy a substantial part of another artwork. | quora.com |
📹 Legal Expert Talks Tattoo Copyright Lawsuit
FOX 5 legal analyst Wendy Patrick discusses the legal liability you might face if tattooing copyrighted images. Follow FOX 5 San …
Can A Tattoo Be Used Commercially?
In matters concerning the commercial usage of tattoos, it is essential to understand that a person who wears a tattoo cannot grant permission for its commercial use unless they have designed it themselves. The sole authority regarding the commercial exploitation of a tattoo rests with the artist who created it. This principle highlights the necessity for clear agreements between tattoo artists and their clients regarding the use of tattoo designs, which should specify whether the designs can be reproduced or utilized commercially.
The complexity of copyright infringement arises particularly when tattoos depict characters or imagery from movies or television shows. Such tattoos may infringe on copyright holders’ rights, thus complicating ownership and permission issues. There is an ongoing debate within the legal community about whether tattoos could be deemed copyrightable works under the Copyright Act. Indeed, tattoos that are original, custom-created works qualify for copyright protection, similar to any other form of original artwork.
For tattoo artists seeking to protect their rights, they must ensure that a property release is signed by the artist of the tattoo design, rather than the individual wearing it. Without this release, commercial licensing of the tattoo design is not authorized. Therefore, tattoo recipients cannot use the inked designs for commercial purposes without obtaining appropriate licensing from the tattoo artist.
Notably, while getting a trademarked logo tattooed on oneself does not typically constitute infringement—provided it is not used for commercial purposes—different rules apply for branding. When tattoos serve as branding for products, it becomes feasible to trademark them, connecting the artwork directly to a business identity.
In essence, although there is some leeway regarding personal usage, any form of commercial exploitation of a tattoo requires explicit permission from the artist who created the design. Clarity in agreements and understanding the legal implications surrounding copyright and trademark issues are vital for both tattoo recipients and artists. Ultimately, while individuals are free to express themselves through tattoos, navigating the commercial usage landscape demands adherence to copyright law, emphasizing the rights of the original creators.
Are Tattoo Artists Claiming Copyright Infringement?
Some tattoo artists are pursuing legal action for copyright infringement against the unauthorized reproduction of their artwork on celebrity imitations. Tattoos can indeed be protected by copyright, as they qualify as original pictorial and graphic works fixed in a physical form. While courts have recognized tattoos as protectible, their rulings on their use in video games vary significantly. A New York court found that the utilization of NBA players' tattoos was transformative and fell within fair use, whereas an Illinois court disagreed.
Copyright protection remains effective for the life of the author plus 70 years. Tattoo artists can copyright their designs, which grants them exclusive rights and control over their artwork, highlighting that unauthorized reproduction or copying can lead to legal issues. A federal jury ruled that Kat Von D did not infringe on Jeffrey Sedlik's copyright related to a Miles Davis portrait tattoo, underscoring the complexities in copyright law.
The legal landscape also reflects the difficulty of attributing copyright to tattoos since they are embedded on a human canvas. There are concerns that adverse rulings against copyright infringement could lead tattoo artists to be excessively cautious in their work and limit options for individuals seeking tattoos. While tattoos are protected, the complexities of copyright law create uncertainties regarding claims of infringement. An essential element for proving copyright infringement involves demonstrating negative impact on the original work by the reproduction.
Thus, tattooing copyrighted designs without the owner's permission constitutes infringement. A revision of statutory provisions relating to tattoos could enhance clarity regarding copyright laws, artist rights, and limitations for both tattooists and those bearing tattoos.
Are Tattoos Fair Use?
The question of Fair Use concerning tattoos and the copyright rights of tattoo artists remains complex and uncertain. Despite the permanence of tattoos, the legal framework surrounding the copyrights of the artists remains ambiguous. While tattoos can indeed be protected by copyright law as original pictorial or graphic works fixed in a tangible form, the legal implications of using those tattoos, especially in commercial settings, are still debated.
The Fair Use doctrine plays a crucial role in this discourse. According to the Copyright Act, four key factors are assessed to determine Fair Use, and this doctrine has been invoked, particularly in notable cases. For instance, tattoo artist Catherine Alexander filed a lawsuit concerning the unauthorized use of her tattoos on wrestler Randy Orton in WWE 2K video games. The court in this case was skeptical about the Fair Use argument, highlighting that the protection of artistic work remains a contentious issue.
Many assert that tattoos may be considered Fair Use under certain circumstances, especially for personal or non-commercial purposes. However, this position lacks clarity, particularly regarding tattoos utilized in media or commercial contexts. In one instance, the dynamic between a tattooed wrestler and the licensing of his likeness demonstrates the need for careful navigation of copyright issues. The consideration of Fair Use in these scenarios is fact-intensive, meaning outcomes can differ based on specific circumstances.
Tattoo artists are generally advised against replicating copyrighted images unless they obtain explicit permission from the copyright holder. Given that a market for the licensing of tattoos does not currently operate, this reality leans towards supporting Fair Use claims. Nevertheless, artists can reference Fair Use factors to evaluate whether their work may infringe upon others' copyrights; most often, tattoos are considered commercial, as clients typically pay for them.
In essence, tattooing a copyrighted image onto a client poses potential legal complications, even if these issues are not frequently manifested. Without a formal agreement transferring copyright from the tattoo artist to the client, intellectual property rights generally remain with the tattoo artist. Historic cases, such as a copyright trial involving a Miles Davis portrait, illustrate how the Fair Use doctrine can play out in tattoo-related copyright disputes, stressing the need for artists to be vigilant regarding their rights and any potential infringements.
Can Tattoo Artists Copy A Drawing?
Tattoo artists can technically replicate a drawing for a tattoo; however, this practice is not recommended from legal, professional, or creative perspectives. Ethically, most tattoo artists prefer to create original designs or adapt ideas into something uniquely theirs. For legal reasons, tattoo artists must obtain permission from the original creator of the drawing to avoid copyright infringement. Copyright law protects original artistic works, including drawings and designs, under various legal frameworks such as the Canadian Copyright Act and the United States Copyright Act.
Those laws establish that creators maintain copyright ownership over their works, which extends to tattoo designs as well. Copying designs from other tattoo artists or copyrighted images—such as movie characters or logos—without consent can lead to legal issues. Courts have upheld the idea that artists using a minimal amount of originality in their work has legal standing, but outright copying is disputed legally.
Tattoo artists can protect their designs by requiring clients to sign contracts to affirm their copyrights. However, enforcing these rights can be complicated and may hinge upon interpretations of Fair Use doctrine, which allows limited use of copyrighted material without permission under specific conditions.
When considering if tattoo artists can copy a drawing, it is crucial to remember that while some artists do not see it as illegal, it raises significant ethical concerns. Respecting the original artist's work signifies professionalism and creativity, where tattoo artists often draw inspiration without direct replication. Artists sometimes use previous tattoos as technical references rather than exact copies, thereby navigating this grey area in an ethical manner.
In conclusion, while tattoo artists may replicate drawings if legally permissible, best practices encourage original interpretations or artistic creation. The best scenario for copy rights occurs when artists obtain explicit permission from the original creator or when trade agreements exist for the use of flash sheets.
How Do Tattoo Artists Avoid Copyright?
The tattoo artist, as the creator of the design, retains copyright unless explicitly transferred in writing. This transfer can occur through a work for hire contract prior to creation or a copyright transfer agreement afterward. Tattoo artists inherently have rights over the usage of their designs. Artists interested in protecting their tattoo designs via copyright should understand that, while they can enforce their copyrights, the principle of Fair Use complicates matters.
Copyright functions as a legal assertion of intellectual property, giving the creator exclusive rights to replicate and distribute their work. Preventing copyright infringement is vital for both tattoo artists and clients. Tattoos are copyrightable if they are original and fixed in a physical form, allowing tattoo artists to control their creative works.
The discussion includes the roles of tattoo artists, tattoo bearers, and third parties like photographers and marketers in utilizing copyrighted images. Both tattoo artists and clients can take proactive measures to sidestep legal issues. A crucial step is obtaining written consent, as the tattoo artist, despite being paid, may still hold copyright. The Copyright Act of 1976 provides artists grounds for legal action if they can demonstrate their work qualifies for protection.
Ultimately, avoiding copyright infringements boils down to one principle: do not replicate another artist's work without permission. While copyrighted characters may protect the original tattoo designs, the legality can vary. Therefore, unauthorized use of a tattoo design could lead to copyright infringement lawsuits. Overall, understanding copyright ownership regarding tattoos is essential in navigating the legal landscape surrounding intellectual property rights in the tattoo industry.
Can A Company Sue You For Tattooing Their Logo?
If you get a tattoo of a trademarked logo or slogan, the likelihood of facing a lawsuit from the trademark owner is very low. In most cases, having a tattoo visible to the public can even act as free advertising for the brand. While it is theoretically possible for a company to sue for trademark infringement, it is usually the tattoo artist who carries the greater legal risk, particularly if they do not have permission to tattoo the logo.
Tattoos fall under copyright laws, which protect original designs. In general, the person who has the tattoo would not face liability simply for possessing it, as there is no clear legal precedent suggesting that individuals can be sued for having a tattoo of a brand logo—unless they are using that tattoo commercially in a way that competes with the trademark owner.
In 2008, Disney filed a significant lawsuit concerning tattoo copyright, which highlights the complexities of intellectual property rights as they relate to tattoos. However, unless there are state-specific criminal statutes, individuals typically will not face fines for having a trademarked logo tattooed on their body. This is because the legal ramifications primarily focus on whether the tattoo artist, as the individual reproducing the artwork, has the necessary permissions.
Tattoo artists can protect their original designs through copyright, provided the designs they create are fixed in a tangible medium, like a drawing. However, while they have rights concerning their creations, reproducing commercial logos generally entails greater risks. Tattoo artists should strive to avoid being branded as synonymous with a particular company, like "The Disney Tattooist," without acquiring prior permission from that brand.
While companies could technically sue for unauthorized use of their logos, the success of such lawsuits is uncertain. Typically, individuals sporting brand logos as tattoos remain at minimal risk unless they exploit the tattoo commercially. In summary, tattooing logos has minor legal risks primarily for the artists, while individuals generally do not face trademark infringement liability simply for having a tattoo of a brand logo, unless they utilize it in direct competition with the brand itself. Thus, views vary greatly on the liability linked to trademarked tattoos, painting a complex picture of intellectual property law in relation to personal expression and tattoos.
Can A Tattoo Artist Get Sued For Copyright?
Yes, an artist could face a lawsuit for intellectual property theft when profiting from the sale of copyrighted material. A prominent legal case relating to tattoo copyright is the Whitmill vs. Warner Bros, famously known as the Mike Tyson tattoo case. This raised the question: can tattoo artists protect their copyrights when recreating a celebrity’s imagery using their tattoos? The answer is yes; however, there is a significant yet vague spot—it falls under the Fair Use doctrine.
Generally speaking, a tattoo of copyrighted material is permissible. For instance, a renowned individual encountering a photograph featuring their tattoo would face fewer legal impediments. Intellectual property theft claims are valid as artists monetize copyrighted designs.
Tattoos, indeed, enjoy copyright protection, as copyright applies to pictorial and graphic works that are fixed in a tangible medium and exhibit originality. A tattoo of copyrighted work would qualify as a copyright infringement, but enforcing these rights often proves less advantageous for copyright holders. Individuals can be sued for copyright infringement when giving or receiving tattoos showcasing copyrighted images, especially if an artist duplicates existing works without permission, or claims original designs that aren't theirs.
A key case involved tattoo artist Kat Von D, who utilized a photo of Miles Davis taken by Jeffrey Sedlik as a tattoo reference, resulting in Sedlik’s lawsuit for infringement, which he subsequently lost.
Thus, tattoos possess copyright eligibility, covering original graphic works. While courts recognize tattoos as protectible copyright, they reached differing decisions regarding tattoo usage in video games. It’s crucial for tattoo artists to refrain from copying existing artworks without proper licensing, as liability risks persist in potential copyright breaches. The creator of a tattoo design retains copyright unless it’s explicitly transferred.
A recent federal jury concluded that Kat Von D did not infringe upon plaintiff rights. Notably, a copyright holder must register their work with the United States Copyright Office to pursue infringement claims. Therefore, if an artist crafts an original tattoo for a client, they hold the copyright unless otherwise stipulated in writing.
Can A Tattoo Artist Use Someone Else'S Artwork?
The legality of using someone else's artwork, such as a photo, drawing, or cartoon character, for tattoos is a nuanced issue, primarily revolving around copyright violation. Tattoo artists are strongly encouraged to develop original designs or obtain the necessary licenses for existing artwork to avoid potential infringement. Although tattoo artists can replicate a drawing as a tattoo, this practice is not advisable due to legal and professional risks. Specifically, using an artist's unaltered artwork without permission can lead to copyright infringement, though the likelihood of legal action being taken is relatively low.
According to Section 30 of the Copyright Act, tattoo artists can transfer ownership rights to their work through a license agreement. It’s essential for both the tattoo artist and the client to have a clear understanding of copyright and usage rights, ideally outlined in a contract before beginning the commission. This contract should specify who retains copyright ownership, which impacts the potential for the artist to sell prints of their work. While many artists are open to their designs being used in tattoos, some are strictly against it, especially if modifications are made without consent.
The copyright protection extends to the tattoos themselves, enabling artists to safeguard their original artwork, irrespective of its location on an individual's body. Copying another artist's tattoo can lead to serious repercussions, both legally and socially, as it is often perceived as disrespectful within the tattoo community. Artists highly value originality and creativity; thus, replicating someone else's design without permission is typically considered a breach of copyright, in addition to being ethically questionable.
Though tattoo collectors might think it acceptable to use another’s artwork, it is generally expected to seek approval from the original artist prior to proceeding. If permission is granted, it can alleviate the risk of legal disputes. In any case where a tattoo closely resembles another artist’s creation, the individual wearing it could inadvertently attract legal complications.
Ultimately, it is essential for tattoo artists and their clients to navigate these intricacies carefully. They should communicate openly about the copyright status of designs and ensure that all necessary permissions are acquired to maintain respect for the artistry involved. Failure to do so may not only jeopardize legal standings but also undermine the creative spirit within the tattoo community.
Can You Use Someone Else'S Tattoo Design?
Copyright and originality play crucial roles in tattoo design. Tattoos created by artists may be protected under copyright law, meaning that copying these designs without permission could infringe on the rights of the original creators. Especially for well-known tattoos or those with unique features, seeking the artist's permission is advisable. While it is legally considered copyright infringement to replicate someone else's unaltered artwork in tattoo form, the likelihood of legal action being pursued by the original artist is generally low. Most agree that obtaining permission is the right approach before proceeding with a tattoo inspired by another artist's work.
When discovering an appealing tattoo design online or on someone else's body, it's important to remember that such designs are personal and should not be copied directly. Tattoos are a long-term commitment, so it's essential to create a design that reflects personal meaning. While some tattoo artists may replicate existing designs without hesitation, others prefer to craft original work while possibly integrating stylistic elements. Custom tattoos are distinctly unique, differing from flash tattoos, which often stem from traditional American designs but can also be adapted by artists based on different themes.
Using logos for tattoos poses higher risks due to copyright infringements, particularly with well-known brands like Disney. Those intending to use a tattoo design commercially should note that they cannot claim rights to designs they did not create. If an artist discovers someone using their design without permission, they may pursue legal action for intellectual property infringement. Consulting with an intellectual property attorney can be a beneficial step in such scenarios.
Furthermore, individuals cannot authorize commercial use of a tattoo unless they originally created that design themselves. Those considering getting a tattoo inspired by another artist's work must ensure it involves transformative changes; merely copying designs is akin to plagiarism. Competent tattoo artists can generate original designs, so requesting the replication of another artist's work is generally ill-advised.
Ultimately, creative expression in tattoos should involve respect for the original works of others. Transformative adaptations can differentiate designs while maintaining inspiration from existing artwork. The tattoo community thrives on both uniqueness and respect for originality, emphasizing that all tattoo designs should be approached with care and consideration for copyright principles.
📹 Tattoo Copyright Infringement? Is this legal? Tattoo Talk Tuesday.
Hey everyone! And a huge thank you to everyone who participated in the twitter poll, and instagram discussion! So what would …
With respect to actors and models having tattoos- I do not think they are untitled to “residual income” from their art that they have already been compensated for. I paid for it, on my body, to have and carry with me for life and I think that is something that the artist must be cognizant of when choosing their profession.
If I went and got a hair cut and wanted to be in a film I wouldn’t ring up the hairdresser and ask if I could show my own hair. I think that’s because I have already paid for them to do their job, it is done, and I don’t need to tell everyone I meet that I didn’t do my hair myself. If someone asks who does my hair, I will tell them because I respect their hard work, but even though it’s their creation it is still my hair. I think the same logic should be applied to tattoos.
I do not believe the tattoo artist should be credited if the person is an magazine or a movie. The tattoo artist sold the tattoo to you, in exchange for money, it’s yours now, it forms part of you, and you never signed an agreement that you should give credit if you’re in a public media, making money with your body. Giving credit in this case should be a choice, not an obligation.
This topic is very complicated and a lot to think about. I have a tattoo that could fall under copyright (name of a song). As for tattoo artist having to give you permision to show YOUR body, I just can’t agree with that. First of all that tattoo artist was payed for his art and services, it’s my own body and I have the right to do with it what I want. I feel like by having to ask someone if I can show my body they in a way own it and if getting a tattoo means that someone owns a piece of me then I won’t be getting more any time soon
A friend of mine recently found out that someone stole her artwork and got it tattooed. She was pretty upset because she got no credit and the girl never asked her about getting the tattoo. One of my biggest fears about sharing pictures of my tattoo is that Derek from Mayday Parade wrote something specifically for me and I’d be kind of upset if someone stole that because I paid to meet him to get him to write it
I really don’t understand the whole showing tattoos in movies/on TV thing. Yes the original concept and art was created by the tattoo artist, but once the ink is in your skin and you walk out of the shop you 100% should own your tattoo and be able to show it to anybody and everybody. You probably shouldn’t be allowed to somehow redistribute the original line work drawn by the tattoo artist, but actually the idea of the tattoo artist somehow still owning the image that is permanently inside the skin of your body sort of makes me angry. My body is my body even if it has a tattoo on it and no one besides me should be able to tell me what to do with my body.
I posted a drawing a few months ago on Instagram and I just got a message from someone asking me for permission to use it as a tattoo. Honestly I was surprised someone asked. I gave them an immediate and delighted yes and asked for no money because I already drew and posted the drawing. If I was worried about someone “stealing” I wouldn’t have posted it, or at the very least watermarked it with my username. I’m an artist. I like drawing because I want to create images for others to enjoy. It would be different if someone was like “hey, look at this. I designed and drew this myself.” but it’s not. It’s being recreated as a tattoo. My drawing isn’t affected. Nobody is claiming the rights to the piece of paper. I see no problem with someone randomly see my drawing on my Instagram and taking it to a tattoo shop even if they didn’t say anything to me about it. The only reason why I would need to know is for my own ego. I don’t create art for money, and I don’t share my art to get credit or fame or fanfare. I create it for other people to enjoy. And if someone enjoys my art enough to get it permanently tattooed on their body, that is my commission and my art was not disrespected
My whole thing with individual artists is that the artist made the art on their own time because they wanted to. If they put it on social media or something it may be a dicky thing to get it tattooed without asking but there’s nothing illegal about it. The only way that it’s illegal is if someone commissioned a piece and never paid for it
I once asked a museum curator a similar question. While one could not photograph the Mona Lisa and sell prints of it nor reproduce the painting and sell it with a forged signature of Leonardo da Vinci, one is absolutely allowed to paint an exact copy of the Mona Lisa and sell it with one’s own signature. I believe the same should apply to tattoo artists. While it may go against the moral standards of the tattoo community to tattoo someone else’s artwork onto a client, it is within the artist’s right to do so. As I first eluded, copyright infringement becomes an issue with forgeries.
The difference is that no tattoo artist is trying to say that Hello Kitty is their original creation and profiting off of it in that way. When ZARA sees a cute pin made by an indie artist, traces it, manufactures it, sells it on repeat, and tries to pass it off as their original product and design is where the infringement occurs.
Should you ask permission from an artist to show their tattoo? No. That’s the point in you HAVING it on your body, SOMEONE’S gonna see it at some point or another, whether it’s on show or concealed. That’s like needing written consent from a tattoo artist every time you have sex, because you’re getting naked and someone’s bound to see the tattoo. I think it’s more than fair to say “tattooed by Blah Blah” should the tattoo be shown in a publication, such as a magazine photo or tagging/hashtagging them in something like an Instagram post. It gives them more views, possible clients and just a nice “thank you” by you for doing it, if you’re so happy over the finished product that you wan to publicise it.
I basically agree with everything said except for the point with the actors. As a tattoo artist you can’t expect your customer to come in every time they do something publicly just for the credit. I’m pretty sure that it’s a given that the person who got the tattoo also pays for whatever follows so they can do whatever they want with their own body. It’s ridiculous to expect the artist to sign off on a movie just because one actor has their tattoo.
i totally disagree with the needing the tattooer’s permission to show your body on tv/movies. You paid the tattoo artist to create a design for you. So it’s basically like you commissioned someone for a piece of art. You pay for it, you receive it, it’s yours. Every time a tattoo artist puts their work on a persons body they give up a part of the ownership. Of course they’re still the creator, but ultimately it also becomes property of the person it’s tattooed on. Of course credit should be given, but permission is a totally different thing. I DO agree with everything else though.
I love your Tattoo Talk Tuesday articles! You have helped me so much by educating me on the tattoo industry and what is/is not acceptable to do. I used to think it was normal for people to steal artist’s tattoos from Instagram or wherever, but now I can see how hurtful that practice can be. Thanks to you, I have and will continue to ask my artist to put a twist on any tattoo I want, to make it his own original work. I appreciate your articles a lot & I love your content! Keep it up 🙂
I made a tattoo for my friend (I’m an artist, not a tattoo artist) and the tattoo artist did not want to tattoo him with someone else’s art. It was sweet but I made it for him, she redid my artwork with her touches and was okay with doing the tattoo after that. I was sad that I couldn’t give him my gift but it looked great on him…
This reminds me of something that happened a few weeks ago. A tattoo artist I follow in instagram posted a tattoo that they had done and I immediately recognized it as one of ponypeople’s designs. Nowhere on the post was she credited in any way, and people were assuming it was the tattoo artist’s design. I commented saying ‘hey isn’t that @ponypeople’s design??’ and a short while later the tattoo artist added the credit in their original post. This makes me wonder if the tattoo artist even knew it was someone elses work, or if the person getting tattood just came in and was like ‘idk i love this avocado cat can you put it on my body?’
Re: showing your body in a movie/magazine spread, I think it is definitely similar to wearing a designer’s creations and in the same vein that you wouldn’t necessarily call Prada or Chanel to ask if you can wear their clothes in a movie/spread, I think you pay for certain rights as well when you pay to get tattooed by a particular artist–that is, the right to wear the clothes or to “wear” the tattoos (to own them, I suppose, for lack of a better term). Maybe the question then would be more of credit and compensation depending on how much the fact that you are tattooed has to do with the feature/what you would be getting out of it? Haha not sure if I’m making sense, but that’s how I feel about that bit.
I would like to speak to the idea of having to get permission to show your own body. As a graphic designer I create imagery for companies to use in their branding, marketing, and different initiatives. For this I receive compensation ($). Companies do not come to me to ask permission to use their logo . . . because they bought it from me to use as they see fit. When you get a tattoo from an artist you are buying art to be on YOUR BODY. If my tattoos were done by a friend I would absolutely want to tell them that I would be featured, tattoos and all, in whatever medium. I would never ask for the permission of someone else to do with my body, what I want. I see getting a tattoo designed by the tattoo artist the same way I see a designer creating for a client. You are crating art FOR someone else.
I love how you covered this topic. I wouldn’t have minded your opinion but it is a huuuge thing to look at isn’t it. So crazy. I’m an artist myself but I would have no idea where to start. I’d like if someone asked permission if they wanted to get my own work tattooed and I probably would feel strange if someone tattooed my work and didn’t say anything to me. At the same time, we can’t all ask Nintendo, Cartoon Network or the creators of the Simpsons for tattoo permission, they’d get hundreds of requests a day I reckon, and what makes them say no and yes to a tattoo? Everyone could go so much further on this topic. Thank you for covering it as I’ve never really thought about how far the implications go myself.
Such a good topic! I think about this often because My first tattoo was a drawing I found on deviant art, literally took it in and said “hey I found this drawing online and I really want it tattooed” I was very young and ignorant and didn’t know how much work goes into creating a piece of art. I honestly didn’t even think about it as stealing or inappropriate . Which is crazy because being a pretty heavily tattooed person now, I would never do anything like that and more importantly any GOOD tattoo artist would never allow that.
I think tattoos are a different space. The artist of Hello Kitty could sell Hello Kitty pins, and thus selling them is taking profit from them. They can’t sell tattoos, as they aren’t tattoo artists. Also, prints of art are different and individual small art is different. It’s about sales. Common, big market things (like Bart Simpson) that become icons are outside of law, but specific art from an artist is within the need of payment. It sounds convoluted, because it is, but I still think that, as a tattooed person and an artist.
This is such a hard topic to talk about and I really appreciate you having the guts to just put it out there! I think this is one thing that will always be up in the air and we’ll never actually get laws for it sadly. But I do believe that every artists and tattooist should be credited for what they do if someone is planning on using it. But on the other hand if my picture was put in a magazine and I had to get permission from all the people who’ve worked on me, I’d be extremely frustrated. I’d rather credit them like the makeup artist than ask for permission. Once things are on the Internet it’s bound to be stolen and reused or changed slightly and used, which is sad and frustrating for people but I don’t believe it’ll ever stop and people will continue to steal things. I do believe these people should ask the artist if they can use it before they do. This is such a conflicting and touchy subject but I definitely enjoyed how you had me thinking through this article 😊
I absolutely support artists selling fanart!!! Especially with bands and stuff, most merch doesn’t look that great, so when really talented people draw band members (for example) in creative ways and put it on a shirt, I absolutely support it! This would also go with TV and movie fanart printed onto clothing and stuff. The artist did make it regardless of the subject, and they should totally make money from what they’ve created and not have their stuff taken down. As for tattoos, I agree! I want a design by someone on tumblr, but I know that I would have to ask for the artist’s permission and whatever they say goes!
I’m so confused Qcknd. I looked up Alex Strangler because you said you loved her in a previous article. All her tattoos are like that. Simpsons, Pokemon, Beevus and Butthead, Spongebob, Disney characters. So ought we not support tattoo artists who use this as their main style? Are you changing your opinion of it?
Such an interesting topic! To add to it, isn’t a tattoo considered a collaboration by the very fact that it’s on your body? Even if you went to an artist and said, “Design something to go here.” You chose the place, you will likely get approval of the art before it goes on your body, and by choosing the placement, you are essentially giving parameters. In the corporate world, artist give their designs to the company who can use it into perpetuity with no additional payment if the artist is an employee. The rules follow a more straightforward process when an artist is contracted. Anyway, this is an interesting discussion!
In regards to tattoos being shown on camera (via film/photos/etc.), I feel that unless the tattoo has some major significance within the movie/tv show/photograph (meaning having relevance to the plot/being a focal point of the image) the actor/model should not need the artists permission. Like you said, in this case it could also effect the livelihood of the person with the tattoo. In the end, getting a tattoo is a service and becomes apart of the person who lives with it on their body.
I feel like if you really like an artist’s work enough to have it tattooed on you it makes sense to ask the artist if they’re okay with it. Obviously different artists will have different opinions on it. One of my favorite artists asks people to buy a print of the piece that they’re getting tattooed but obviously can’t force them to, and to share who the art is by when they share photos of it. I know that I would personally feel terrible about getting a tattoo of an artist’s work without asking first every time I looked at that tattoo, but not everyone has a good conscience.
a while ago i actually asked a tattoo artist about this specific subject and his word were “weather the art is known world wide or a small art account or artist it would be lovely to have proof of permission” mainly cause he wouldn’t want one of us in trouble yEs that’s a hassle getting permission from really big companies but at that point you realize the love of the art if you’re actually gonna go through the time of getting permission and i still live by that : )
I feel like in most cases, tattoo artists are selling you an image and a service. With flash sheets, it’s just the service: the image is still theirs, they can put it on other people, that’s understood. And with custom designs, they’re selling you both: they’re making a design that they won’t put on anyone else, and part of the price is the process/skill that goes into creating that image. There’s the understanding that they won’t put it on anyone else. And in that case… you shouldn’t be selling something that doesn’t belong to you, including images. Which sucks, and would be difficult to police, but if someone creates an image, they should be able to decide what happens with it. And this includes everyone, from tattoo artists who are having their designs used without permission (tattoo copying) to Nintendo with their licenses. And I wouldn’t think that if Nintendo wanted to allow people to get tattoos of their properties they would sell their properties, it would work similarly to how they allow people to create merchandise- however that works. It goes against precedent… but that’s just my opinion.
This article is so important to me right now. I feel like I have been swimming in murky water when it comes to this subject and I’m glad you started a conversation on it. I have only seen one tattoo artist so far for my tattoos and he doesn’t seem to have any policy to respect cartoon or amateur artist. I say that because I have studio Ghibli characters from him (that I am getting reworked by a commissioned artist to make my own) and my bf impulsively found an original piece online, while at the shop, and got it that day (I wasn’t there when he got it. A year later, I found out he stole art, not cool) At the same time, I had asked for a more realistic picture and when I showed this tattoo artist the painting/drawing I wanted my piece to be based on, he hounded me wanting to know who the original artist was. note that I said based on, not copy information I would have happily given him but I couldn’t find the source. I wondered how he could take an original drawing off the internet and tattoo it on a whim but an illustration from Greek mythology was worth hesitation. As if he respects so art and artist over others. The pieces I am getting reworked are my first tattoos and I plan to only have commissioned work done from now on. I just wish that this was a bigger deal to everyone. Then dumb kids, like myself or my bf wouldn’t think nothing of stealing art and tattoo artist would have to have a better moral compass on the matter. But I also agree that if you want just the actual character from a game or show, not an original piece, I don’t know how or if that should be policed.
This is an interesting topic. My uncle is an author and works for a national bank in the country I live in and knows a lot about copyright stuff, and have had many conversations about this sort of thing. Legally speaking, it would be illegal to make money on someone elses copyrighted name/product/whatever. If it’s been copyrighted. It’s pretty shitty to see stolen art from anywhere on cheap Chinese wholesale sites (from Pixar to smaller internet artists). What I’m talking about isn’t specifically aimed at tattoo’s, so I’m not sure what the legalities surrounding tattoo’s in general are. But maybe, in terms of tattoo art, there aren’t any as of 2016. I wonder if this applies to book related tattoo’s, like LOTR tattoo’s- are those legally ok? Not only the pictures but the writing, etc.? I’m really glad you made a article about this topic. It’s really interesting.
I got a painting (by a local artist) tattooed a few years ago. My first step was to contact the painter and ask for his permission to get it inked. I asked for a high res image if he was okay with me moving forward. Not only did he send the image but he also recommended a tattoo artist that he thought would execute his work well. I went with that suggestion, and was very pleased with the results. (I’d love to attach a photo, but that doesn’t appear to be an option.)
I think it’s kind da funny because a lot of the bands that I follow repost pictures of people getting tattoos of their lyrics and art. They seem to be pretty happy that they inspired people. Granted o listen music mostly revolves around overcoming hard times so it’s probably different than other artists.
I really appreciate you bringing up this interesting topic. In my opinion there is no fine line of getting a tattoo inspired by your favorite article game vs stealing art from the company who made it and it can only depend on the tattoo itself. It is okay to be inspired by the characters to make a new piece of “fan art” but not okay to copy and paste an image from the internet. For example, a couple years ago my good friend got a tattoo inspired by Pokemon. It has Charizard, Venosaur, and Blastoise battling each other with Pikachu at the bottom getting ready to fight. I do not think his tattoo is a form of copyright infringement because he and the tattoo artist discussed what each character was doing and set up the “scene” themselves. They did not find a picture of all the characters on the internet and copy it onto his arm.
I pretty much agree with what Aurora said. If you want to copy a piece, ask/say something or comission your own specific piece for you. If you use it as ref/inspo/piece of a tattoo, whatever. but always at the end of the day, credit the artists. both the original and tattoo artist. post it on social media and drive traffic towards them
In these cases, I think it takes two to tango. In my opinion, once you’ve paid to get a tattoo you kinda have earned a part of the copyright, meaning that you deserve to consider it yours and not have it stolen. At the same time you still don’t have, let’s say, the right to use it for a t-shirt design if the artist is left off the project and wouldn’t take credit for it. If an artist sold person X a drawing it would be fair if they also used the picture on their desktop, but it wouldn’t be fair if they started mass printing it on cups and sell them without giving the artist a percentage. Together with that, when the tattoo artist gets paid for their work it’s also like they’re giving away the right to use the design on other people (unless for example we’re talking about something really simple like a cross, a phrase..). Love this article 🌹
Thanks for opening up such a cool discussion! As someone who works in the article industry, it must have been a really weird situation that they had to get permission from that artist. I’ve been tattooed by a few different people and in different states, and most of the time I sign something that protects both me and the artist in terms using the image of the tattoo. So I can use the image, obviously, its on my body and I can use that as I would like, and they also can now use the image of the tattoo that is on my body. So I still retain the right to my image, because I don’t think you can ever sign away your right to your own image. When signing a article release form, they are only asking for the right to use your image (most of the time). So your tattoos are part of your image. I would love to know more about the conditions of that shoot!
I just got a tattoo not too long ago, and It’s in support/awareness for my lung disease, and my artist (who was amazing and will go back to for more) just got a random support picture online, but then I asked for different words, and he free handed it. So we saw a common design that was probably tattooed on many people, but we made it our own. I don’t support tattoo stealing nor “artists” or shops that do it. It’s a fine line, and will always be sensitive. Just be careful and aware that if you put something on the internet, it may be taken. Sucks ass buy happens.
I got my first tattoo fairly recently, and I actually designed it myself, albeit a very simple design. It is, however, mine and I would be devastated if someone stole it. By all means take inspiration but this tattoo is special to me, it’s a part of me, and something I created. I would very much call out someone if they copied it, even if they were a friend, because thinking about someone else having it on them just makes me want to peel off my skin.
I resonate with this so much! Granted, I am not someone who creates art for money, but I have enough artistic ability that I create all of my own tattoos (and some for friends). I’m very careful about posting photos of my drawings and finished tattoos though. I think taking someone else’s tattoo and putting it on their body that isn’t meant to be a matching tattoo is shitty. But it is also a reason I will recreate something for myself if I like the idea of a tattoo that I see on Pinterest or Instagram. I want it to have the vibe I felt looking at that drawing but to make sure it has my own spin and touch to it without copying. I know there is a line to be drawn for some tattoos, though, as I have the exact tattoo from the tv show Supernatural (and in the same location). It is an interesting topic for sure!
Personally, as an artist, if someone wants to get a tattoo based on something I drew, I’d be super flattered. If it’s something I just drew up and I don’t have any merchandise or prints available, I’d be fine with them just letting me know. However, if there are prints or other merchandise available, I do think that someone should buy it before getting the tattoo, just because the artist did put a lot of effort into creating a piece, and sometimes it’s their only source of income. I actually have a lot more thoughts on this topic as well, so I might make a article talking about it too. ☺️
Hello, cake decorator here. I’m asked all the time to decorate cakes that we don’t have copy rights to. It’s a slippery slope and I think applied to tattoos it would be hard because we pay for a certain image to be allowed to be put on cakes and I don’t think anyone would really want the same exact same hello kitty or sponge bob tattoo as a hundred other people that the tattoo artist paid to use.
I actually thought about this a little when I started getting tattoos and flash. I have gotten a tattoo where the artist just copied line for line but it was a generic image and something that as far as I know hasn’t been copy written. My other tattoos are custom. I did ask myself and artist if one of my tattoos would be copy write infringement because part of it was inspired by a book cover. My artist changed and tweeked that image in my piece enough that it holds the same value I wanted and does not look like the image on the cover. I only get custom designs now and it is the best way for me to convey what I want from my tattoos.
I think that’s the stupidest thing to not be able to be in a article, movie, or photo magazine without a tattoo artists approval or go ahead. sure credit the the artist but shouldn’t be told you can’t do something because of it. Ps if this did ever become a thing I think people would become really stand offish about getting tattoos and the tattoo industry would suffer a great loss in clients and money. 100%
Hi QCKND, I have a tattoo of a beautiful rose ornament piece under my boobs. The original design was something I found on tumblr. My artist asked me about where I found the art and the original design. When I told him I had no idea who the original artist was and the design itself originated my artist did change the piece some. The dangling pieces are different but the idea is the same because he (who’s been tattooing for 20 years) wasn’t comfortable copying the design line for line. We took the design I liked and he made a piece specifically for me using the original design as reference. I love my tattoo and am happy that it’s made for me with inspiration from the original design. I love that you brought this topic to Tattoo Talk Tuesday.
I have one tattoo of someone’s original art, and plan on getting one more. For each, I have contacted the original artist and asked permission. Even if they’ll never know or see me had I otherwise not contacted them, I do it out of respect and to express my love for their piece. Each time, the artist has never asked for money. The most that’s been requested was for me to send them progress and final shots of the tattoo. I have more respect for independent artists than corporations, for some reason, even though I do buy products from both.
This made me think a lot. I have a lot of respect for artists in many forms. Most of my work was drawn by 2 different artists and it’s their own work that they tattooed themselves. I would be very upset if someone straight copied my tattoo, especially one that was so strongly personal to me. You were right to call out the person who straight copied your tattoo. If you like an artists work, you should ask first. If the artist says no, there’s more than likely a reason for it as well. Maybe that piece was made for someone, or for themselves. Instead of getting mad about the no, ask the artist and maybe have them commission a piece made specifically for you. Also, putting your work online doesn’t mean that it should be stolen. Being an artist, you have to get your work out there to support your art. That’s how it works. People who steal artists work of their social media platforms or websites are kinda fucked up in their thinking. They’re not entitled to it because it’s on the internet. It’s not like you did a google search and came by an unknown artist to get your design. There’s a person there who worked extremely hard on that particular piece and they should be given credit and paid for their work. That being said, I have different feelings altogether about mainstream corporations. If you want to get a sonic tattoo or a pokemon, or whatever else tattooed, I don’t feel that you should have to pay royalties. It would be damn near impossible to even go thru the proper websites to get permission/pay the artists for the image.
I have a tattoo of an illustration from The Sad Ghost Club by Lize Meddings on my thigh. Before I went to the shop to get it done I sent her a message on IG asking if it was okay to do so or if it made her uncomfortable. She replied back super quickly and said she was totally okay with it and would love to see it after. She ended up posting t in her social media accounts and was such a sweetheart about the whole thing. I honestly feel like it is a case by case scenario and really depends on the artist involved!!
i love fine art, and have always had a dream for a leg sleeve, a collage of all my favourite pieces, never even thought about this. I cannot really pay back Sandro Botticelli cause venus is chilling on my thigh yknow? but at the same time, its makes a lot of sense. why do i deserve to take their art? they worked so hard to create a masterpiece and now i have essentially stolen it. so so torn here…
Good discussion. As far as the “should tattoo artists get credit for you showing your tattoos?” question, I think that if the tattoo is the centerpiece of a photo or explicitly featured in a movie or something, yeah maybe listing their name would be cool. But I also think that it would be unnecessary and slightly harming to one’s self image if we constantly felt like we had to cite our tattoos with the artists name, almost like they own our bodies. so yeah, a shout-out to the artist is fine I think but I think it would be ridiculous to do that allllllll the time for everything.
As an artist I’ll simply break down how I feel: Tattoo: If someone wanted to get one of my pieces tattooed on them, I would be immensely flattered and would NOT expect to be paid. I feel like that tattoo artist who is putting in the effort to recreate it should certainly get paid because they are recreating my piece.. and that’s a skill that it is truly amazing. It’s a talent, and this person is putting my image on their body forever, I think that’s a huge commitment and very flattering. Other: If someone takes my image and puts it on a mug, a t-shirt, a poster… then that’s copy-right infringement. They are continually making money off of my image, and I deserve to be paid for my time and talent. They aren’t using any skill, or even their imagination, they are just ripping me off.
I think that tattoo artist should be credited in a film, but unless the plot & marketing lies heavily on the fact that the actor is tattoed (prison movie, story of tatooed model/doctor/whoever etc. – the artist should be asked ‘hey, tattoos are part of the plot and you happen to be the artist who made them, do you agree for them to be shown, how we can pay you’) the artist shouldn’t be able to ban the actor from acting!
I was talking to my tattoo artist about a similar topic, I have a lot of artists that i adore, one in particular i asked about getting a copy of a piece they drew tattooed onto my leg. I explained how much i admired there work and how i would like one tattooed and would they be happy for me to do so, if not i wouldn’t do it. The artist replied and they were happy for me to do it so long as the original work was not greatly altered. I also ask if they would like payment and the artist said no because they were not the ones physically tattooing me so they wouldn’t want money only to be credited for the design on social media and for me to send an image of the completed tattoo so they could see it. I haven’t gone to do it yet but i’m planning to and i’m supporting the original artist by buying prints and things. I think it’s just important to be fair and by purchasing prints ect. it means we help an industry. My tattoo artist WONT EVER copy another tattoo artists work but is happy to use artists so long as they have permission. So there are good tattoo artists out there. i wouldn’t trust someone who would just copy someones art.
I wanted a tattoo of a cat way back when (I still do, it would just be really expensive rn), and I found an artwork I really enjoyed. As soon as I decided I wanted that piece, I messaged the artist because it just seemed like the right thing to do. They were absolutely lovely, and said that they would love to see it when it’s done. I feel a little bad that it’s taken so long now 🙁
I am getting a Disney fantasia piece on my leg at the moment (half done, getting finished at the end of the month) and my artist posted it on Instagram (ofc I don’t blame her at all for what follows, getting attention online brings her more customers) and it got a fair amount of attention on insta and people were commenting things like “omg I want!” and “omg need”, hell one person even tagged another tattoo artist and commented “pls?”. It really upset me honestly, I had spent a long time researching and making sure I couldn’t find anything remotely like it in case I was accidentally ripping someone off after storing this info in my subconscious. I know obviously that I don’t own Disney art but this design is not taken directly from the movie, it’s based on that art but everything is done to mine and my artists liking. I just wonder how you feel about that, like I have taken art from Disney but the end result is different to what they created, am I right to be upset if someone copies my/my artists personal take on the existing art?
I got a design inspired by Hannibal by an artist I admire on Tumblr tattooed earlier this year. I asked the artist if I could have it tattooed and asked how much I could pay them to use it. They declined any payment and were excited that I was getting their design on my body, and simply requested I send them a photo of the finished tattoo. When I took the design in to a shop (happened to be a different shop and different artist than I usually go to based on schedules) and he asked if I had permission – I actually had my conversation with the Tumblr artist screen capped with me to prove I had permission – and he was pleased that I did but said he would have tattooed it anyway. But your article raises the question should I have called up Bryan Fuller and asked permission to get a fan work inspired by the TV show he made? Or the author of the original Hannibal books the TV show is based on? It really just spirals endlessly from there, but my tattoo is gorgeous and just what I wanted.
I can competely agree, I draw out all my tattoos and get them done or I do them myself I’m training at a tattoo shop and I’ve had some people copy my original work which really is a big deal since all the tattoos I draw for myself are extremely personal but anytime I tattoo I always sketch out something new that fits the client
My first tattoo was drawn up by a close friend and when I went to get it done, the first shop refused to let her keep the copyright. They said they would change it and they would add it to their portfolio. but I wanted that tattoo, the design my friend drew and that was owned her. When I got it done at the shop I did, my friend was with me so they knew that I had permission from the artist and and they didn’t change anything on it.
i have a plan for a tattoo and i asked the original artist first and she said, and i quote, “Yes! I would love that. Please credit me and show this to the tattoo artist so they know I said it was alright. Thank you for asking and show me when you are done!” if you are going to get someone elses tattoo or art onto you then always ask because that other person made that art. the original artist might have put their soul into it and its only fair. i think its good to put yourself into the artists shoes, both original and tattoo artists. if you posted that online or showed someone and they got it without asking or paying or anything, how would you feel?
as an artist one thing i understand is that with like a tattoo, your right there really isnt a way to police that but also sure the client is paying for a certain tattoo but there is a price list for things like size color ect you dont charge for the art piece itself so much. usually. where i work now i get paid to do the design mock ups for a landscaper, im not getting paid for my art style but for my college degree that got me the job to put someone elses idea on paper. to me that is what it is, when the tattoo is the direct artist which in a fashion they always are, but when they take your idea and create an image with that, then you are paying for there direct art but otherwise you paying for their executions of the art not the style idea.
It’s definitely a grey area. I wanted to add flowers to my tattoo and made the appointment two weeks in advance telling my artist what I had in mind and sending him a few reference images. I was still searching for better reference pictures and days before my appointment, I stumbled upon an image I fell in love with. Problem was, it was part of a collage someone did on Instagram as part of their tattoo inspiration. I messaged the girl who posted the inspiration asking who that image belonged to and she said she forgot because she looked on many sites. I spent the rest of the days looking for the person who created the image with no luck. Now I have a tattoo heavily influenced by someone’s artwork with no idea who to credit. It’s be a year and I still search every now and then. OTL
A few smart businesses, local and national, have sponsered tattoos of logos and branded (of course copyrighted, the companies owned the rights) characters on people as marketing. Willing walking and talking billboards for life, if you will. A classmate, years ago in grad school, wrote an entire paper/presentation for our marketing class on the subject. This article subject reminded me of that.
That is such an awesome question because I’ve never thought of that. My tattoo artist definitely emphasized “there’s YOUR ink” but if something like that were to happen, maybe I would ask how he felt. I think there should be a type a law that protects artists because they are still artists…. How? How do we police this, how do you even begin?
I personally have been going back and forth for about a year with the original artist for my next tattoo. My tattoo artist ask if I had gotten permission from original artist who created the art in the first place. I believe this is the right way to go about this to make A myself happy I am supporting my artist and B making my artist comfortable to tattooing on my body.
I like this article a lot because these are good questions. I’ve had people ask me to design tattoos/artwork for them only to have them never pay me as was agreed upon but beside the point. It also raises the question for me about cultural appropriate tattoos eg, Polynesian Tattoos, Yakuza or “Japanese” style tattoos etc have A LOT of meaning and symbolism that is usually very personal to the individual who got them. But we see all the time people getting meaningless designs in these styles. I’m from New Zealand where we have our own version of Polynesian tattoos and I kinda get annoyed when I see tourists getting them done. I get that people want to get something as a memory but at least get it done properly by an actual Tamoko artist, not just a random tattoo artist who just copied something and knows nothing about how to place them on your body or how to tell your story in the design. I feel equally about the Yakuza style tattoos. The history behind them is pretty amazing and explains a lot about why Japanese people don’t generally like tattoos. But in saying that I personally love the style and hope to have one without insulting a culture. I feel this is another grey area with tattoos that kinda comes into this kind of discussion. Great article! will recommend.
ok so i have a question, when backpacking in Vietnam I came across an abandoned rough-ish sketch of a mountain in one of my hostels, absolutely fell in love with it. it sat there for an entire week and in a last minute decision I decided to take it with me on the day I left. the drawing ended up having more personal meaning after a 4 day mountain hike. since I returned (2 years ago now) I have wanted this image tattooed on my foot although it would need to be altered somewhat due to being so rough, I guess my question is, would it be wrong for me to get this tattoo? there is no way for me to ask permission of or even know who the original drawer was so I’m unclear as to what is the right thing to do…
i LOVE this article. things you said that i never even thought of. as an artist i would be devastated if someone used my artwork without at least asking. One thing i was wondering though, is when people share artwork without crediting the artist, and you want to use the artist but cant find out who it is, or if it’s a tattoo, also cant find out whos body the tattoo is on? tricky one!
To be honest when I first decided on a tattoo it came from inspiration of another tattoo I had seen on tumblr and saved to my phone. My first instinct, not having tattoos, was to find someone locally that would do it. But I took the time to think about it thoroughly and decided that it was someone elses original design and artwork, and it would be wrong to try to have an exact copy. So I did an image search and found the original artist, Matt Lambdin, and emailed him and I sent him the picture and I feel better that I decided to do that instead. Also, I’ve decided to make a few changes just so it isn’t the exact same even though I will be getting it from the original artist. I really just think its common courtesy, if someone steals a tattoo I do not believe its something to go to court over, but it doesn’t make it right to do overall.
i showed my tattoo artist a picture of roses that was going around pinterest but i wasn’t sure who the original artist was because people had screenshot it and taken it already so when i brought it to him he took it as inspiration to make his drawing with that in mind rather than just taking it from whoever that actual artist was
As an artist, I am against people profiting off of someone else’s work. I believe there should be at least some part of the money going to the original artist. It’s all stolen art. Even if it’s just a tattoo, even if it’s edited by the tattoo artist, it is still art/idea stealing. Put yourself in the position where you created something and other people would use it, make money off of it, while giving you none. I doubt you would like that. Stealing is not nice. Doesn’t mean which form it takes.
I found a piece of artwork that I’ve been in love with for years. It’s originally from a tattoo artist, but they’re on the other side of the world. Obviously, I can’t go to them for the tattoo, so is this a case where I should contact them and ask for their permission to get it recreated by someone else?
I got a tattoo of someone’s artwork from Instagram. But the artist didn’t copy it line for line because it would’ve been too many lines for the size I was getting the tattoo. The artist was actually very flattered to see her art work on someone’s skin. I didn’t get permission or pay her for it. But….. She’s also my sister. So I guess that’s a little different. But she was super stoked.
I’d never thought this way about copyrighted work as a tattoo, I work in an industry where copyright is very much frowned upon and I totally understand why. And now thinking about it I like the idea of having an artist’s work tattooed on me with their permission/purchasing a product from them. I’d noticed a few artists I like recently had tattooed an artists work on people which had all been approved and agreed upon, so I think it would be great to see more of this happening in the future! I’m also now doubting my want of a Sonic tattoo too (more than just generic Sonic though), unless then I have an artist sketch out my idea…does it then become theirs or remain the ownership of Sega. But then we have fan art too, so where does the line get drawn between those.
Big companies like Sanrio sell t shirts, pins, and other merchandise like that and the money they make from selling those items goes to them. But companies don’t “sell” tattoos. I feel like it’s more of a rip off when people steal artwork and re create t shirts and stuff because you can buy those thing directly from the big companies. However, specific styles of art/images that individual artists create can be commissioned, so in a way, they’d be selling you the art for a specific tattoo you plan on getting. You can’t really contact a big company asking for permission to get a tattoo of one of their copyrighted images, and they don’t offer that service anyway. But small artists can specifically request if they want to be paid if their artwork gets tattooed.
18:48 since it’s the tattoo collectors body, I don’t think they need permission from their tattoo artist to be in magazines etc. However, I do think that if they remember who the artist was, they should credit them. The prblem with collectors not being allowed in movies without the consent of their artists is that a lot of people with tattoos don’t even remember what shop they got the tattoo in, much less who did it.
@Qcknd The thing to me about tattoos and maybe copy right imagery is that tattoos for the most part are commissioned work. You pay for what you ask for. I think you can put it in the murky world of fan art. To copyright holders fan art and commissioned art are not really things worth making suits for. Usually. Most copy right holders DON’T want to sue fans. It is kind of a shot in the foot to piss of the people who are buying your original copy righted content as well as the commissioned art. For simplicity’s sake by law YES fan tattoos are a breech of copy right. But MOST copy right holders tolerate most forms of fan creation even if an artist is profiting for it. Copy Right law is stupid old and confusing. Usually copy right suits will only be made if the copy right holder sees the offending product as a real treat to the original media being copied.
i think as far as showing it in media (be it film, television, youtube, or even porn) the tattoo artist knew they were giving it to someone to wear. so if I can walk down the streets of nyc in a tank top, and a bazillion people can see my tattoo then, i should also be able to show that in media. I think it’s always nice to let the artist know beforehand like “yo fyi im an actress and this tattoo’s gonna be in some stuff, that cool?” and then they at that point can say “no I don’t want my work shown in the media” and not give the tattoo. but I don’t necessarily agree with the idea that “as soon as it’s in my skin and on my body I own it.” because that takes away from the ownership of the tattoo artist and/or the source artist.
I found art inspired by some lyrics that I liked on the internet and got it tattooed (I asked the artists’s permission first and they were cool with it, just to be clear.) My tattoo artist didn’t ask about where I’d gotten the design or change it at all. Overall I think tattoos are something more or less personal, and there really isn’t any way to stop someone from getting something tattooed. Personally if I knew that an artist really didn’t want me to get their design tattooed, I wouldn’t want to get it tattooed, but I guess some people think differently about that sort of stuff. There’s definitely a difference when it comes to big companies and things like disney and hello kitty, which are more or less “public figures” so I don’t really think you’d need permission from the artist before getting one of those characters tattooed.
reaching the original artist to notify them is difficult if you’re getting the design from Google images. Many tattoo ideas are taken by other sites first so the image is bounced around until finding the original place where it was posted becomes next to impossible. Another thing is my mom has a tattoo of a Phoenix that she got from a vending machine during her teen years and saved it to be tattooed later on, and that image is on many sites including one that lists 20 “original” tattoo designs.
Hey Qcknd! I totally see what you’re saying – I think the difference is that if someone makes a pin with a copyrighted image and then resells it, they are trying to make money off of it & it takes business away from the original creator. With a tattoo, you are not taking business away from their company because their company doesn’t produce tattoos, and you are not trying to make money off of it as a sole focus. With the ‘asking permission from your artist’ thing: I feel like once you pay an artist for their work, they are signing it over to you to be put on your body. If it’s on your body, and you rightfully paid them for their work, then they no longer have ‘rights’ to say what can and can’t be done with it in my opinion. You should be allowed to go places and be in pictures and magazines and movies without having to ask for written permission every single time. They gave you the permission once you paid them and they put the art on your body with their own two hands. If it were on a canvas or made a print, I understand. But once art is tattooed, it’s not a continual contract of where that art is allowed to be seen – thats ridiculous. I do respect the work and the artist, but parts of my body don’t suddenly belong to them once they tattoo me. (That’s how I feel anyway) Thanks for this discussion!
in my last year of school my book of art work “disappered” now during the last 2-3 this girl i went to school with showed all her new tattoos off on facebook, every single one was representing something from my artbook which “disappered” during my last year of school. I have no def. profe so there is nothing i can do .
The makeup-art/MUA world goes through this a TON as well, and just like you said the MUA is typically cited in a shoot, or on a film. It’s like a citation on a paper, and I believe a tattooer being cited on a photo of a person with tattoos should become the norm. In tattoo magazines and journals/editorials they ALWAYS are, but once it leaves the industry bubble, it gets tossed into thin air. Why? I think just like in Makeup Artistry where copycats are everywhere, but someone’s work becoming an inspiration to you shouldnt be regurgitated via straight-up imitation. You can’t copyright a makeup look, or any art (modern, ancient, language/symbology) in the same way you can’t copyright an original tattoo, but that’s what will happen if you share your art with the world. Many people may argue artists seek to simply make the world a more colorful place, or one where expression is welcomed and shared. Those artists aren’t going to be who’s pissed off. If you put something out there, and aren’t willing to see it go, don’t share it. Bad people are always going to do what’s bad in this world, the best you can do on a consumer level is support who you admire/enjoy, and work to spread the behaviors of best practice.
You raise an interesting point regarding a tattoo artist being credited alongside the hairstylist, makeup artist, fashion designer, etc. if a tattooed model is pictured in a magazine. When you started talking about that, I wondered what if the model has had surgery to alter their appearance— should the plastic surgeon be credited? Is a hairstylist ever credited if they were not doing the hair specifically for the photoshoot? (Ex. If a model already has dyed hair prior to the photoshoot and then a hairstylist at the photoshoot does other styling but doesn’t change the color, would the hairstylist who previously colored the model’s hair get credited? — maybe since you are a hairstylist you would know??) As someone who posts my art online, I would be incredibly flattered if someone messaged me wanting to get my art tattooed on them. However, if somebody got my art copied and tattooed on them without checking with me I would not be happy about that!
So I have a piece of art tattooed on my thigh that I mentioned to the original artist. It was my first tattoo, and I hadn’t thought to ask until after the appointment was already scheduled. She replied, but was kinda short about it, and to this day I’m not actually sure how she feels. That being said, the artist changed the image to fit my body better, and some of the more orangey tones were changed. When you look at them side by side, there’s obviously a lot of similarity, but a lot of difference to it as well. Sometimes I feel bad about it, and sometimes I don’t. I’m not so sure how I stand on this issue. If I were a little more knowledgeable about the artist and tattoo communities at that point in my life, perhaps it would have worked out differently.
I think what most of the artists you mentioned said speaks to me. I am not a tattoo artist myself(I would love to be but I am not) and I don’t think I have the knowledge to design tattoos. So, I would be very happy if someone asked me to use artwork I did if they want to get a tattoo of it or if they even would commission me to design something that the tattoo artist can then use as reference. I would even be happy if someone just told me that they want to get a tattoo inspired by my artwork, even if it just so I can see it because that would excite me. But I don’t think tattoos should be copyrighted. Not in the way described in the article though. Done tattoos should be though. They shouldn’t be recreated and tattoo artists who recreate existing art in any way, whether tattoos or other artwork, are shitty.
i have a sort of “robin hood” thought process on the subject i guess, if it’s a massive corporation with their brand and image plastered all over the place like pokémon or hello kitty, they can handle not getting paid for people getting tattoos of their imagery, however if the artwork is something that had a lot of time and effort put into it by an independend artist, i agree with aurora and jessi
I only have one tattoo and might get back into acting, so I have no idea how to feel as I designed it myself and know it is 100% unique. However I did not tattoo it onto my body. So should I ask the tattooist for permission if I get screen time? or not as I’m the original artist and the only alteration was size.
Yes! I’ve been pondering this for so long! There’s an illustrator on instagram that I adore and would love her work tattooed on my body. I want to buy the print and have it tweeked to fit my body before tattooed. I would obviously ask the illustrator first because I respect her art, but is that the best way to go about it?