It never occurred to me
that the tattoo artist retains his or her creative rights, even if the canvas upon which their art is a human being. As a writer, I can understand the artists' desire to protect their work, but I always assumed tattoos would fall under a "work for hire/all rights" umbrella.
Then, I did a little more reading on the subject, and found this article, about a lawsuit that arose as a result of a sight gag in the movie The Hangover II. One of the characters gets a tribal face tattoo that is exactly like boxer Mike Tyson's. The artwork is distinctive and instantly recognizable--and the artist demanded compensation. The movie studio eventually reached a financial settlement with the tattoo artist, and I think it was the right move. It does raise some questions, though, about who owns the rights to artwork that appears on the human body--at some point, depending on the medium, does an artist relinquish their right to their art being reproduced?
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