Tattoos should be protected by Copyright

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Just like any other art form, tattoos should be considered under the same legal and moral regulations that protect them.

What we are saying is that, if a piece of art from the plastic arts has a backing that protects it from being imitated, giving it total ownership of the work, the art of tattooing should have the same right.

Although the majority (by a small margin) sentenced that, in their opinion, tattoos have intellectual property, the other half seems not to be well informed about this, which is not surprising, since this topic is not usually widely disseminated, unless a case of importance goes viral.

The correct answer is yes, tattoos have copyright.

Tattoo artists are usually intellectual creators of the design they imprint on the client’s body, therefore, they are artistic pieces that entirely belong to their inventor artist.

For this work to be protected under copyright, it must remain in a tangible medium of expression, in this case, the skin.

What is Intellectual Property?

According to the World Intellectual Property Organization (WIPO), this term refers to creations of the mind, that is, to inventions, literary, artistic, symbolic, names and images used in commerce.

This regulation protects, under the corresponding rights, the author from being copied or duplicated by other people.

The organization divides property into two categories: industrial, which includes patents, trademarks and industrial designs, and, on the other hand, the one that concerns us:

What does the copyright law include?

First of all, let’s say that copyright does not require registration, which means that the creator does not need to register their work in a register.

Also, you should know that these rights are divided into two blocks, one related to the exploitation of the work and another, referred to the moral rights.

In the first case, the artist owner is granted the right to receive an economic compensation as a result of the exploitation of their work through possible distribution, reproduction or transformation.

In the second case, it allows the author to claim recognition of their ownership and preserve their integrity.

Once this is clarified, we will enter a delicate topic that directly concerns tattoo artists: Property and possession.

The client, once tattooed, is the possessor of the artistic piece of the tattoo artist, which means that they carry the physical possession of the work, but not its property, since it always belongs to its creator.

This does not mean that the person carrying the design does not have the right to show off their new acquisition, in fact, nothing prevents them from sharing it with their friends and family through photos on social media, or even if their profession is to walk on a catwalk, there would be no problem if they expose their tattoo in front of the cameras, the problem lies in its exclusive and specific commercialization.

Tattoos and Copyright

No one seems to doubt that the generous box of tricks that is Article 10 of the Intellectual Property Law (nephew of Article 2 of the Berne Convention) contains within it the protection of tattoos as copyright, through the introduction of colorants under the epidermis, known to all as tattoos.

-Copyright on the tattoo-

The author of the work (the tattoo artist) will possess intellectual property rights over the tattoo as long as it meets the requirements of originality and creativity. Once the condition of original and creative work is acquired, the author will hold a series of economic and moral rights.

Regardless of how much the client and potential canvas is the person who conceived the design of the tattoo and collaborated with the tattoo artist in its development, it will be the plasmation on the skin and the final result that will be protected by the LPI (Article 10 LPI speaks here of the protection of creations expressed by any means or support, and Article 56.1 LPI says that the acquirer of the property of the support to which the work has been incorporated will not have, by this title alone, any right of exploitation over it).

Although we do not have practical examples, this right raises a series of very curious questions. For example, if a person who has been tattooed becomes tired of their tattoo and decides to remove it or get another tattoo on top (also called “cover”), what will prevail, the moral right to the integrity of the work of the author against deformations, modifications and alterations or the right to personal image that the tattooed person has over their own body?

We know, therefore, that tattoos can be protected by copyright. Now, what is the real scope of the same?

It does not seem to be a doubt that tattoo artists will be able to act against other tattoo artists who imitate their tattoo (as long as their tattoo has sufficient creative height). And it is that, despite the fact that tattoos are not reproduced massively in general (a design, a person), the exception of private copying is not applicable in this case.

And it is that, the Court of Justice of the European Union, in its judgment of April 10, 2014 (although it has nothing to do with tattoos), sets doctrine with respect to the limits of private copying, indicating that this exception will only be applied to reproductions obtained as a result of a license contract and not on works obtained illegally (taken from the internet without permission).

We already know that we still do not have a jurisprudential voice that has pronounced on the protection of tattoos as copyright. However, at an international level, there are numerous curious cases.

We also have the example of David Beckham, since the former British footballer was sued by one of his tattoo artists for using several of his tattoos in advertising campaigns without his prior permission. Finally, the case was resolved extrajudicially, see tattoos.

About Author

Jade Blunt | Tattoo Gun Machinehttps://t.me/s/tattoogunmachine

Hello everyone! My name is Jade Blunt, and I'm a passionate tattoo enthusiast. Let me share a bit about my life and my journey in the world of ink and skin.

Ever since I was a child, I've been drawn to art and creativity in all its forms. However, it was when I turned 18 that I discovered my true passion: tattoos. I remember my first tattoo, a small design on my wrist that marked the beginning of an adventure that would change my life forever.

As my love for tattoos grew, so did my desire to learn more about this fascinating art. I started researching, talking to talented tattoo artists, and immersing myself in the history and culture of tattoos. Every tattoo tells a story, and I wanted to be a part of that narrative.

Over time, I decided to share my passion with the world through my blog, "Tattoo Gun Machine." In this space, I strive to provide valuable information about tattoos, from tips for tattooed skin care to stories of innovative tattoo artists and inspiring designs. My goal is to educate and inspire those who share my love for tattoos, as well as to demystify some of the stigmas surrounding this art form.

My blog has become a corner of the web where the tattoo-loving community can connect, share ideas, and explore new trends. I've also had the privilege of interviewing some of the most talented tattoo artists in the world, who share their unique experiences and knowledge within my pages.

But my journey in the world of tattoos doesn't stop here. I'm always on the lookout for new inspiration and challenges. I dream of one day opening my own tattoo studio, where I can bring my own designs to life and continue contributing to this form of artistic expression.

So, if you share my passion for tattoos or are simply interested in learning more about this exciting world, I invite you to join me on my journey at "Tattoo Gun Machine." Together, we can explore the art, culture, and beauty of tattoos as we continue to ink our stories onto the canvas of life. I'll see you on my blog!