Video answer: Can you tattoo a copyrighted image? what can you do if you get a bad tattoo? | ep 33
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As for copyright law, you can't copyright an idea. But you can copyright an image. So if the logo you want to use is an image that is still protected by copyright, then it would probably be illegal to get it tattooed on yourself. That would be a "reproduction".
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Can You Get a Tattoo of a Copyrighted Image? While it is certainly possible to get tattoos of copyrighted images, there are some risks and objections when it comes to this practice. From Disney character tattoos to your favorite brewery’s logo, copyrighted images in the form of tattoos can create problems, so it’s important to be aware of the potential risks, particularly for artists.
Yes, tattoos can be protected by copyright. Copyright can protect pictorial and graphic works so long as they are fixed in a physical object and display originality. Since tattoos are, by definition, fixed—Merriam Webster defines a
In point of fact, it is possible to copyright a tattoo that has been custom-created for the client, just as any piece of original artwork can be copyrighted, and it is also possible to register a tattoo as a service mark.
Based on current law, some tattoos could infringe on copyrights. Generally speaking, the copyright holder must prove the copied work has a negative effect on the work's value or potential market.
Episode 33 is full of good info for tattooers and collectors alike. Can you tattoo copyright images? What to do if you get a bad tattoo? Jake and David give ...
So as long as the tattoo parlor (or the company which provides the design patterns for tattoo artists to use) has properly negotiated licensing with Disney to use those copyrighted &/or trademarked images and they’re doing so within the terms of their license, it’s a permitted use and not a copyright or trademark violation (and they’re paying a royalty fee or subscription license for that use) .
As for copyright law, you can't copyright an idea. But you can copyright an image. So if the logo you want to use is an image that is still protected by copyright, then it would probably be illegal to get it tattooed on yourself. That would be a "reproduction". So a word's okay under copyright law, but an image probably isn't.
While unconventional, affixing a drawing on your skin is tangible. Likewise, a tattoo of a catchphrase or a word (think “Mom”) probably won’t be protected by copyright. Since most tattoo artists are working with original designs, it’s likely that most tattoos will be protected by copyright law.
The daycare sited is a commercial enterprise, and so using the images can be seen as using a copyrighted image to profit. A tattoo is a personal thing. Unless you're charging people to see your tattoo of Goofy, shouldn't be an issue. The tattoo artist that actually charges you to draw it on you might be sued. Not sure. 1.
But just because you can Google an image — and technically copy or save it — doesn’t mean the web is a free-for-all of visual data. Photographers and designers need to put food on the table. If every online image was available for free, there would be a lot more starving artists.