Who Owns Tattoo Designs?
Tattoos have long been considered a form of personal expression, but in recent years, they’ve raised important questions about intellectual property rights. As body art becomes more mainstream and high-profile, legal disputes between tattoo artists, clients, and corporations have emerged. If you’re a tattoo artist, a client, or a business using tattoo imagery in marketing or media, it’s worth understanding how copyright laws apply. As a Newark, NJ intellectual property lawyer, we regularly help individuals and creative professionals address rights related to original works — tattoos included.
Tattoo Artists Hold The Copyright
In most cases, the tattoo artist is considered the legal author of the work and automatically owns the copyright the moment the design is created. This applies to original designs, not generic symbols or common tribal patterns. Even if the artwork is inked on someone else’s body, the rights typically stay with the creator. The tattoo is considered a tangible expression of an idea, which qualifies it for copyright protection under U.S. law.
That said, ownership can shift if there’s a written agreement. For example, if a client and artist sign a contract transferring the copyright, the client may gain full ownership. Without such a document, though, the copyright remains with the artist — even after the tattoo is applied. Complications can arise with business owners too — does the tattoo shop own the artwork? If you are a business owner, do not make a mistake by not spelling out in your employee contracts who owns the artwork.
Client Rights Vs. Artist Rights
While the artist may hold the copyright, the person wearing the tattoo has certain rights, too. This can be confusing. The client controls their own body, but not the reproduction of the design on that body. That means if someone with a distinctive tattoo appears in a video game or commercial, and the tattoo is shown clearly, the creator could claim copyright infringement.
This has happened in real-world cases. For example, several lawsuits have been filed when video game developers or movie studios used actors with visible tattoos designed by someone else. Courts have sometimes ruled in favor of the tattoo artist, especially when the design is a clear and recognizable part of the image being used commercially. Issues also happen when a person’s likeness might be used in a tattoo. For example, if someone has a tattoo of a celebrity on their body and they are in a movie themselves, this can cause conflict.
Use Of Tattoo Art In Media And Advertising
Using tattoos in advertising or entertainment without permission can open the door to legal claims. If a tattoo is used to sell a product, promote a brand, or is recreated digitally, the artist may have grounds to object. For companies, the safe route is to obtain a license or written permission from the artist. Individuals featured in media may also need to take this step when the tattoo plays a prominent role in the visual presentation.
This issue is especially important for influencers, athletes, and celebrities who appear in branded content. Their tattoo artists could raise concerns if the artwork is used in a way that generates income without credit or compensation. However, if you take a design and make many changes to it, it can be possible to claim it as your own. An attorney can better guide you on this process.
When Disputes Arise
Disagreements between tattoo artists and clients over copyright are rare, but they do happen — especially when money is involved or the tattoo is being used in a public setting. It’s smart for artists to keep detailed records of their work, including sketches, digital files, and client communications. Contracts help avoid disputes by clearly stating who owns the design and how it can be used.
At COFFYLAW, we’ve advised creators and entrepreneurs on how to protect their original work, and we’re proud to have earned a 10.0 rating from Justia and an A+ rating from the BBB. These recognitions reflect our commitment to helping our clients protect what they’ve built.
If you’re a tattoo artist looking to protect your designs, or a client unsure about your rights, or a business just getting started in the tattoo industry and you want to protect your business, let’s talk. Reach out to our team today to speak with an IP lawyer who can help you move forward with clarity.