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Are Tattoos Copyrightable and if so, who owns the IP?

Hilary Sumner

In the world of tattoo artistry, copyright ownership typically resides with the artist that creates the original design. This means the artist holds the exclusive rights to reproduce, distribute, and display the artwork. But who is the artist if a client comes in with their own design? And is human skin a "tangible medium of expression" for the purposes of copyright protection?


Some legal scholars argue that the regenerative nature of human skin challenges its qualification as a fixed medium while others contend that the relative permanence of tattoos is sufficient to satisfy the fixation requirement. The Second Circuit Court has declined to definitively rule on this matter, leaving the issue unresolved.


If you are seeking a tattoo and create your own original design, consider having the tattoo artist sign a release or work for hire agreement granting all rights in the design to you. If you are a tattoo artist creating your own original artwork make it clear to your clients as to what they can and cannot do with your designs.


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SUMNER IP LAW PLLC
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