The "Is Your Skin Copyrighted?" Story

It was an ordinary day.  Opened Facebook and there it was for all to see.  Steve Lowry's amazing artwork was displayed in full-color on his son's arm.  

Steve's finished creation done on
his son's arm.

Just beautiful!  Steve graduated from high school with my oldest son Derek and has become one of the best tattoo artists in south-eastern Pennsylvania.  While in my graphic arts class for two years in high school, I knew he would keep art in his life for a long time.  My youngest son Tad has been one of his biggest boosters with tattoos covering just about every inch of his body.  I have written a few stories telling of Tad's tattoos including the story of one tattoo that honors his grandmother which I had the chance to put the final "dot" in place on the creation done by Steve.  Tattoos are inked ornamental body art which has been in the news recently.  Seems that video game makers have been under scrutiny recently for producing video games that feature athletes that are covered with tattoos from head to foot.  

Tad's back done by Steve at Transcending Flesh.

And, it is the athlete's tattoos that are in question.  The tattoo artists that draw the ornamental body artwork claim that the video game companies needs their permission before their games can be sold to customers.  The athletes who sign off on having their images in the video games don't own the rights to the tattoos that are displayed on their bodies.  Tattoos have largely been considered as outside the realm of copyright laws for many years, but that may be changing.  Seems it is something similar to the lawsuit brought in 1973 by Hugo Zacchini who claimed that television did not have the right to broadcast his being shot out of a cannon on TV since people will not take the time to come to see him in person.  

Tad and Steve outside his studio in downtown Lancaster, PA

He said it was costing him money.  Case went to the Supreme Court and he won!  Seems the same thing is happening once again with tattoo artists.  Can video game makers display athletes covered with their artwork and not be reimbursed for their use.  Infringement of a copyright occurs when someone displays a copyrighted piece without permission of the author or artist.  

Steve working on Tad's leg with a tattoo to remember his grandmother.

An artist's work, be it written,  drawn or sung and is protected by copyright the instant it is written, draw or sung.  A notice of copyright, or the "c" enclosed in a circle, is not required for that protection.  But, the artist cannot sue someone unless the copyright has been registered with the U.S. Copyright Office and the artist has five years from the completion of that work to apply for the protection.  Once copyrighted, the artist's protection lasts for 70 years after the death of the artist.  But, there is also a different twist on all of this.  Seems that some tattoo artists may be infringing on others with the artwork they are doing on their customer's body.  

Tad's arm before the color had been added.
This tattoo honors his grandfather and namesake.

With more and more people receiving tattoos, the artist must obtain permission before they ink it onto their customer.  My son has the image of a ice hockey goalie on his chest.  That goalie is wearing an Edmonton Oiler jersey.  That Edmonton logo on that jersey more than likely carries a copyright.  Now what?  I don't know and I'll bet Steve didn't even think of it when he did the artwork.  Now, can Steve obtain a copyright for that artwork that is now on my son's chest?  Under current law, some tattoos could infringe on copyrights, but which tattoos?  Steve's son's tattoo which he just finished is beautiful and carries the images of eagles.  Nothing in the tattoo stands out as having a copyright so Steve is safe.  

A  young man I met in Hawaii had an
arm filled with a design by the artist.

He in turn could obtain a copyright on the artwork that he just finished on his son's arm.  Therefore, since I put it online in this story, am I violating copyright laws?  In my case, I called Steve and asked if he would mind if I posted a picture of it.  His answer you might guess was positive since you have just looked at the artwork.  Seems like a vicious cycle, but it will never end.  Everyone wants credit for what they do and want compensation for it.  Has always been that way and will never change.  I guess it is up to the courts in the United States to decide what is right and what is wrong.  And, how do they decide?  I don't think they have any idea at times!!  It was another extraordinary day in the life of an ordinary guy.