{"id":4445,"date":"2021-06-08T12:43:03","date_gmt":"2021-06-08T02:43:03","guid":{"rendered":"https:\/\/tm.legalvision.com.au\/?p=4445"},"modified":"2021-06-28T10:55:04","modified_gmt":"2021-06-28T00:55:04","slug":"tattoo-copyright-design","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/tattoo-copyright-design\/","title":{"rendered":"Should I Agree to Tattoo a Copyrighted Design Without Permission?"},"content":{"rendered":"\n

As a tattoo artist, you must understand the limitations of what you can and cannot tattoo. Tattooing another artist\u2019s work without their consent may have potential consequences, as it may breach their copyright or moral rights. This article will help you better understand what copyright is<\/a> and what copyright protection means for you as a tattoo artist, to help you better understand if you can tattoo a copyrighted design<\/a> without permission.<\/p>\n\n\n\n

What is Copyright?<\/h2>\n\n\n\n

Copyright refers to the rights that all artists, including tattoo artists, have over their own work. Once you create an original tattoo design, either on paper or directly on the skin, copyright exists automatically. Copyright gives you the power to control the use of your work and get compensation for your work when others use it.<\/p>\n\n\n\n

Copyright also gives you the power to enforce your rights over your tattoo design. If someone else uses your design without your permission, you will be able to claim money for your loss and their gain. <\/p>\n\n\n\n

Copyright begins from the moment you create the work, and it ends 70 years after your death. Because of this, tattooing a Van Gogh artwork will not result in a copyright claim.<\/p>\n\n\n\n

Can Copyright Protect Tattoos?<\/h2>\n\n\n\n

Like all other forms of art, copyright automatically protects tattoo designs. The transfer of a design to a material form, including skin, is considered sufficient to gain copyright protection. <\/p>\n\n\n\n

Depending on your employment contract, a tattoo artist will likely be considered the owner of their design. Alternatively, the tattoo parlour as a business might own the rights to your design. If your customer helps design their tattoo, they will have some rights over the design as well. <\/p>\n\n\n\n

Having copyright over your tattoo gives you exclusive rights to the use, reproduction, adaption, and performance of your design. This means that other tattoo artists will require your consent if they want to use your original work. The key here is \u2018originality\u2019 – a generic tattoo (such as a name or an infinity sign) is unlikely to be considered original enough to give rise to copyright protection.<\/p>\n\n\n\n

In Australia, the courts have not discussed copyright in tattoos specifically. Because of this, it is difficult to know what a court would say regarding copyright infringement for a tattoo. Generally, an owner may seek financial compensation for copyright infringement, and have the court stop the infringement.<\/p><\/blockquote>\n\n\n\n

Moral Rights<\/h2>\n\n\n\n

Where copyright exists, moral rights exist too. Moral rights refer to the protection of the relationship between yourself and your original work. Moral rights are different from your other intellectual property rights (including copyright) because you cannot transfer their ownership. Even if you grant someone a license to your work, you will not lose your moral rights.<\/p>\n\n\n\n

Your moral rights are the rights to:<\/p>\n\n\n\n