When Tattoo Artists 'Pretend' Art is Copyright-Free: A Discussion on Ethics, Laws, and Risks

As an artist, the problem of unauthorized use of your work is not foreign to me. Countless individuals have used my art as tattoos without my permission, even with instances of uncredited usage on well-known online platforms such as BuzzFeed and Bored Panda. While the internet offers unprecedented sharing and exposure, it has also given rise to a multitude of issues related to copyright and usage rights.

The Challenges of Protecting Copyright

Any image copyrighted by an artist is only protected if the artist has the deep pockets to hire a team of lawyers to pursue copyright violators. I can attest that this is a challenging and costly endeavor. The reality is, many smaller artists, including myself, may not have the resources to take legal action. As a result, unauthorized use of copyrighted art continues to persist in the digital age.

The Case of Late Great Tattoo Artist Don Nolan

The late great tattoo artist, Don Nolan, refused to have his work on the internet for the very reason of copyright protection. Moreover, Don Nolan was a master of his craft, relying solely on his talent and word-of-mouth for promotion, rather than digital platforms. This approach is still valid for many artists today who prefer a more personal connection with their audience.

The Ethical Perspectives of Tattoo Artists

It's important to note that not all tattoo artists are inclined to use copyrighted art. Many tattoo artists have a deep respect for originality and often adhere to ethical guidelines. Fifteen years ago, I brought in a drawing done by my then 13-year-old granddaughter. The artist initially refused to work with her drawing, citing ethical reasons. However, when I explained that it was a memorial for my husband and expressed a personal sentiment, the artist agreed, and we created a meaningful tattoo with some minor tweaks.

Since then, my granddaughter has also become a tattoo artist who respects other artists' work. This example illustrates that while many tattoo artists are ethical, not all are, and there is often an agreement on the interpretation of the artwork. It is unreasonable to demand that a tattoo artist must put a copyright notice and link to the original artist's website on the customer's arm. Moreover, such an action would be impractical and what appears to be copied may truly be the interpretation of the tattoo artist, adding a personal touch to the design.

Common Examples and Company in Artistic Piracy

Artists like Van Gogh's 'Starry Night' and 'Iris' or Picasso's 'Elephants' have made their way onto tattoos, as has the iconic character Mickey Mouse, often used for playful or meaningful tattoos. These instances show that the unauthorized use of art in tattoos is not an uncommon occurrence. It's a part of the culture and practice of tattooing, a field that thrives on creativity and personal expression.

For many, the risk-adjusted cost of getting sued is lower than the potential loss from turning away a customer. Even if artists start taking legal action, courts are typically willing to award statutory damages, including attorney's fees. However, this approach might not be feasible for tattoo artists, especially those working in smaller studios or independently, making the argument for tolerated watermark usage less straightforward.

The Way Forward?

It is crucial to educate both artists and customers about the importance of giving credit and using copyrighted art responsibly. This does not mean reverting to a 'no internet' era but rather finding a balance where the benefits of exposure and sharing are harnessed while respecting and protecting the rights of creators.

Ultimately, a philosophy of understanding, respect, and mutual support can pave the way for a healthier environment in the tattoo and art communities. By being more understanding and accepting of shared cultural artistic elements, we can prevent the deplorable use of others' work.