The legal applicability of copyright laws and personality rights in relation to tattoos

Abstract

Tattooing has been a part of human culture for thousands of years, with evidence of their existence dating back to ancient civilisations such as the Egyptians and the Greeks. The earliest evidence of the origins of tattooing can be traced back to approximately 3370BC, found on a mummified Iceman named Ötzi who had a whopping total of 61 tattoos spread across both legs, inked onto him using soot and ash. Today, tattoos continue to be a popular form of self-expression, with people of all ages and backgrounds choosing to adorn their bodies with intricate designs and meaningful symbols. While tattoos were once stigmatised as being associated with rebellion or deviance, they have since become widely accepted as a mainstream art form. From small and subtle designs to full body suits, tattoos can represent everything from personal beliefs and cultural heritage to purely aesthetic choices. Despite their popularity, however, tattoos remain a subject of controversy and debate, with some still questioning their appropriateness in certain social and professional settings. Through the eyes of most beholders, tattoos can be seen as works of art canvased on the human flesh. While they share several characteristics with what is considered to be traditional works of art such as paintings, they also hold certain traits that make them unconventional. This dissertation aims to address the question of whether tattoos should be granted legal protection under copyright law. Moreover, it will examine the current state of tattoo copyright in 2023 and, the implications it has for artists, clients, and the wider art community.