Who Owns The Artwork In Tattooing?
By: Better Tattooing
Arguments about who owns tattoo artwork are pivotal in our discussions about ownership, place, and value. If you haven't guessed, it's a complex topic.
1.
Does Age Matter?
If the designs are old, does Intellectual Property apply?
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Intellectual Property (IP)
TO BE CONSIDERED INTELLECTUAL PROPERTY
What it takes
It needs to be new, tangible, not offensive, and something a person creates, without likeness to something else.
So, Does Age Matter?
Yes.
Most Designs Take Aspects Of Another Design Or Artistic Creation When Being Made.
Most, if not all modern tattoo designs are unable to be considered IP Because there is no real "new" design out there. New designs are reinterpretation of old artwork based on "style"
2.
Ownership Of Creation
Who Owns The Image?
Some people may consider the ability of media conglomerates to market designs purchased by an individual and not licensed to a company as poor practice - or even theft.
Is this a theft of IP from the artist who recreated an IP of Nintendo's?
In this case - No. For an image to be covered by IP laws it has to be something other than another entity's creation.
Some people may confuse the issues of artistic ownership with owning something tangible. In fact, ownership of things that are intangible are rarely covered by IP laws globally.
Nintendo own the "brand" of Super Mario. Even if the character of Mario is not a physical thing, the product has value and is marketable, easily identifiable, and occupies a "place" in Nintendo's business.
So how does that compare to a body with a tattoo (s)?
2.
Ownership Of Person
Who Owns "you"
While tattoo deigns on paper are easily identified as someone's "art", what happens when the design is attached to a person?
To Own The Artwork
What It Takes
When you pay for the tattoo you own that design. The exchange of money ensures you own the rights to display and market your body and whatever art adorns it. At the same time a the application of the tattoo occur it alters your body to fit a new image - one that a client is creating through the efforts of a tattoo artist. The body that results after a procedure is still the individual's. It has just changed. Much like plastic surgery, the cosmetic changes belong to the patient.
Regardless of artistic IP on paper or canvas, the individual who wears the tattoo has autonomy and a right to display their body as they see fit. While credit is due when showing art that may infringe of artistic license, no one is required to show credit to their tattoo artist if they choose to show their skin via print, visual, or social media.
I mean, our parents made us but we are not required to list their donations to our genetic code every time a photo of us ends up online.
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