Modern Australian
The Times Real Estate

.

who owns the copyright to your tattoo?

  • Written by Marie Hadley, Associate Lecturer in Law, University of Newcastle

The Australian Copyright Agency has licensed an Indigenous artwork for a custom tattoo. It is the first instance of tattoo licensing for the agency, and perhaps Australia at large.

The agency granted a licence for Jarrangini (buffalo) (2018) by Tiwi artist Chris Black following consultation with the artist, the Jilamara Arts and Crafts Association, and other senior Indigenous artists. Darwin tattooist Ryan Birkinshaw applied the buffalo print to the arm of art gallery manager and artist Katie Hagebols.

In an industry beset by appropriation – of Indigenous and Western imagery – the licensing of this artwork is a rare sign of respect for the intellectual property rights of artists.

In the Australian tattoo industry, licences govern the use of tattoo stencils, pre-produced images known as “flash”.

But the practice of licensing for custom tattoos – one-off original designs created specifically for clients – is virtually non-existent. Copying usually occurs without any thought given to obtaining a licence.

The Jarrangini (buffalo) licence recognises that tattoo is an artform regulated by copyright law.

who owns the copyright to your tattoo? Tattoos are an artform regulated by copyright law. Tracy Nearmy/AAP

Read more: Friday essay: power, perils and rites of passage – the history of the female tattoo

Tattoo copyright

There are no Australian cases that directly confirm copyright exists in tattoos. However, a drawing in ink falls within the definition of “artistic work” in s 10(1) of the Copyright Act. A tattoo will be copyright so long as it does not copy a substantial part of another artwork.

In Australia, the person who reduces the artwork to “material form” is the default copyright owner. This means that the tattooist is usually the first copyright owner of a custom tattoo because they are the person who draws it, or tattoos it directly on the skin.

who owns the copyright to your tattoo? In Australia, the tattooist is usually the first copyright owner of a custom tattoo. Robert McGrath/AAP

A tattoo wearer might also hold joint ownership rights, if they contribute more to the design process than just ideas. They might actively collaborate in the refinement of a design, for example, by deleting some aspects and drawing the replacement’s features together with the tattooist.

In New Zealand, more restrictive rules around commissioned art and copyright mean a paying client can be the first copyright owner of a custom tattoo, regardless of whether they actively contributed to the design process.

Australia’s commissioned art rules do not apply to drawings as a category of artistic work. Thus tattoos are excluded from them. (Interestingly, there is an exception here when it comes to portraits, with the copyright for tattoo portraits likely owned by the person who paid for it).

In both countries, where a tattooist creates a design in the course of their employment, their employer will be the copyright owner. All of these rights can be varied by contract.

Read more: To dye for? Jury still out on tattoo ink causing cancer

Copying is common

Despite the law in this area, copying is common in the tattoo industry both here and in New Zealand.

My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. “I do get brought art or pictures of other people’s tattoos,” said one tattooist, and quite a few pictures “come straight off the internet.”

Clients often request direct reproductions of imagery they have downloaded. In these circumstances, appropriation can be a pragmatic business decision.

What Do You Think About Tattoo Copying? | Tattoo Artists Answer.

Some people regard the copying of a custom tattoo as a form of identity theft because a one-off tattoo is seen as a unique form of self-expression.

Copyists might also be criticised by other tattooists as “scratchers” or “hacks” or subject to gossip that infers they are poor artists. Creativity is highly valued within this artist community.

So, why don’t tattooists sue over copying?

In some art industries, there can be a big gap between holding rights and exercising them.

To tattooists, appropriation is mostly seen as a matter of ethics or manners rather than law.

Many tattooists are skeptical of litigation. Intellectual property rights only “hold value if you have money and are willing to go through the courts in order to take somebody through the ringer,” said one tattooist I interviewed.

There is also a view that the tattoo belongs to the client not the artist because money changed hands. Another tattooist told me it was “complete nonsense” that copyright applies to tattoos because the art is “on a body, man!”

who owns the copyright to your tattoo? Footballer Tom Liberatore has a Homer Simpson tattoo. MIchael Dodge/AAP

Tattooists tend to only threaten legal action when the infringement of their design involves a tattoo on the body of a high profile celebrity (such as footballer David Beckham, UFC fighter Carlos Condit, or NBA player Rasheed Wallace).

Even then, they might be criticised by other tattooists for threatening to enforce their copyright. This is because tattooing a celebrity is “good advertising”, as one tattooist said. There have been no high profile tattoo infringements in Australia.

These norms aside, copyright law does apply to tattoos. Whether or not more tattoo enthusiasts will seek an appropriate licence, as occurred in the case of Jarrangini (buffalo), or a copyright owner will sue for a rights violation, is another matter.

Authors: Marie Hadley, Associate Lecturer in Law, University of Newcastle

Read more https://theconversation.com/explainer-who-owns-the-copyright-to-your-tattoo-142825

Commercial Plastering Can Boost Your Business Appeal

In business, appearances matter. The way your space looks sets the tone for how clients, customers, and even your staff perceive your brand. A well-...

How to Transfer Registration When You Buy a Used Car in Brisbane

Purchasing a second-hand car can be a thrilling experience, but there's more to it than simply handing over the cash and driving off. One very impor...

Expert Tips for Comparing Budget Movers and Energy Providers For a Modern Apartment

Starting a new life in a modern apartment can be a challenging yet exciting step. While moving into a modern apartment, people always need reliable ...

Slowing Down in Nature: My Experience on Orchid Classic Cruise in Lan Ha Bay

Why Orchid Classic is a Top Choice for Lan Ha Bay Lan Ha Bay, a hidden gem adjacent to the more famous Ha Long Bay, offers travelers a quieter and ...

Your Next Travel Essential? Why Aussies Love Lightweight Electric Wheelchairs

Planning for a trip or just getting around town? A lightweight electric wheelchair could be your perfect travel mate. Whether it’s a stroll throug...

Australian Study Woes – What is a Confirmation of Enrolment?

Recent changes to Australian study visas are altering the landscape for international students who want to learn and work on our shores.  To secur...

Metal lockers vs. wooden lockers: which is better?

Lockers—the ultimate background hero of the workplace. They might not have the flashiness of that overpriced espresso machine in the break room, b...

Invisalign Treatment: What Your Dentist Wants You to Know

When straightening the teeth, out-of-date metal braces are no longer the only option. Nowadays, Invisalign is among the most highly sought-after alt...

The Best Nail Art for Short Nails

Short nails often get overlooked in the world of nail art, but they’re actually the perfect canvas for stylish, sophisticated designs. Whether you...

How Much Does a Skip Bin Cost? Skip Bin Prices, Sizes & What Influences the Price

Regardless of whether you're renovating a house. You are tidying up your backyard, or running a construction site. Chances are you'll require a skip...

Panoramic Elevators: Combining Functionality with Aesthetic Appeal

In the evolving world of building design, the demand for architectural features that are both practical and visually striking continues to rise. One...

No Dig, No Drama: Sydney Pipe Relining Explained

You know that feeling when water starts pooling where it shouldn't? Or received a quote for pipe repairs that made your eyes water? Let's chat about...

The SEO Benefits of AI-Optimized Landing Pages: Smarter Metadata, Faster Load Times

Landing pages are integral to the conversion funnel in digital marketing. Yet, when SEO works well to drive traffic to the landing page, it's just a...

How to Reduce Turbo Lag with an Upgraded Mazda BT-50 Exhaust System

Are you struggling with turbo lag affecting your driving experience?  Did you know upgrading your Mazda BT-50 exhaust system could be the key to u...

How to Segment Email Lists Based on Content Engagement (Not Just Demographics)

Email segmentation generally refers to age, location, gender demographic, and conventional elements. While this could be helpful information, it doe...

6 Qualities to Look for in Local Caravan Dealers

If you're searching for reliable caravan dealers in Campbellfield, it's essential to choose a dealer that offers quality products, excellent custome...

How to Repair a Faema Coffee Machine: A Practical Guide for Coffee Lovers

Introduction If you’re the proud owner of a Faema coffee machine, you already know that it’s more than just a kitchen appliance — it’s a vi...

Smart Health Decisions in Your 30s, 40s, and 50s: The Ultimate Prevention Guide

Making informed health decisions becomes increasingly important as we navigate through different life stages. What may have seemed unimportant in our ...