Dear Tattooist: Copyright, Copyright, Copyright

the replicant asked:

This may be kind of a dull subject, but how does copyright affect tattoo art? Whether that be factors into the decision whether to reproduce a trademarked character, or how it affects your own creations? I have occasionally remarked that if I were to get a tattoo, I'd ask for the "USDA Inspected" seal, but that seems like it would somehow be illegal.

There's actually three different copyright issues involved in the tattoo industry: tattooing a copyright/registered trademark or other work of art; using flash that hasn't been payed for; and one tattooist copying another tattooist's work.

I'm weaseling out of doing a big write-up on this, as all are discussed here and here in a lot of detail, and by an attorney no less. (Marisa DiMattia Kakoulas also blogs here.)

As for your "USDA Inspected" tattoo idea, I don't have a problem tattooing trademarked symbols on clients. If someone wants to provide "free advertising" to that corporation/entity for the rest of their life, then so be it. I haven't heard of any litigation around someone being sued because they had a company's logo tattooed on their person, at least in the United States.

If you have questions about tattoos: tattoos in general, about getting a tattoo, about giving a tattoo, or anything else related to tattoos, just send me the question via e-mail from my contact page. I will then dedicate an entire post to answering your question.

Until next time...
Erik

4 comments
posted 728 days ago at 3:18 pm in Tattooisms

4 comments on “Dear Tattooist: Copyright, Copyright, Copyright”

  1. Cb commented on February 12, 2010 at 4:12 pm:

    I want "Kid Tested, Mother Approved" on my ass!

  2. the replicant commented on February 14, 2010 at 9:46 pm:

    Thanks for answering. I didn't realize it was such a charged issue.

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