Barney Davey, an art marketing author, speaker, consultant, and blogger, wrote and published a very favorable review of my book, The Permission Seeker’s Guide Through the Legal Jungle, on his Art Print Issues blog. Thanks Barney!
{Richard}: When technology and
art trends intersect, new legal questions might arise. Tattoos have become an “in” thing and tattoo shops are proliferating
like rabbits. Here are Tattoo Questions
for the artist and anyone who gets a tattoo.
{Joy}: That’s correct – and very clearly stated.
{Richard}: Here are the questions: Who owns all rights, including the right
to use the tattoo design for other purposes, you the bearer of the work of art
or the tattoo artist who created it?
{Joy}: As the creator of the design, the tattoo artist would own all
rights in the tattoo design – unless the tattoo artist signs a written document
transferring the copyright in the tattoo design. I would guess that many tattoo artists often
do not use their own original designs. Instead, they use designs created by other artists. In those cases, it’s
the original designer of the tattoo who holds the copyright; not the tattoo
artist actually applying the tattoo. Hopefully, any tattoo artist applying
another artist’s original designs is doing so with the benefit of a valid
license agreement.
{Richard}: If it's the tattoo artist and he wants to publish a giclee
print or a poster of the original art on your butt, can he force you to be
photographed?
{Richard}: Do any tattoo artists give their clients a legal release to
the copyright for original art they create on their bodies? Should they?
{Richard}: If you have a tattoo and have it photographed, then printed
as a giclee and offer it for sale without the artist’s consent, can the tattoo
artist sue you or claim damages?
{Joy}: If you’re taking photographs or making reproductions that clearly feature the tattoo design, your actions are arguably actionable as copyright infringement.