What does the copyright law include?
First, we will start by saying that copyright does not require registration, which means that its creator does not need to register their work in any registry.
These rights are divided into two blocks, one related to the exploitation of the work and the other, referring to moral rights.
In the first case, the owner artist is granted the right to receive financial compensation as a result of the exploitation of his work through possible distribution, reproduction, or transformation.
In the second case, it allows the author to claim recognition of the ownership and preserve its integrity.
Once this has been clarified, we’ll talk about a controversial topic: Property and possession.
The client, once tattooed, is the owner of the art piece made by the tattoo artist, which means that they have physical possession of the work, but not its property, since it will always belong to its creator.
This does not mean that the person carrying the design is not entitled to show off their new acquisition. In fact, nothing restricts them from sharing it with their friends and family through photos on social networks, or even if their profession involves public exposure.
This has nothing to do with showing a tattoo in front of the cameras, the issue is related to exclusive and specific marketing rights.
To be more precise, the free exhibition of the design is not considered illegal. It is a violation of the law if it is used for commercial purposes that generate profits.
When audiovisual material is created, such as a television advert, where the leading role of the design embodied in the owner is explicitly shown, or when products are tangible, these are clear cases of copyright violation.
If its use is profit-driven, the intellectual owner must receive remuneration in return, although it would be morally advisable to previously ask for permission.
The same thing happens when an artist copies another artist's design, violating copyrights, or without paying for the use of that design.
On this occasion, we could relate it a little more to the second case of copyright law, in which the creator can claim to be recognized as the owner and respected as such.
