Abstract

Nowadays, tattoos are a way to express one’s identity and self-expression. According to Indian law, tattoos fall under the category of artistic works. Artists want the same protection after they have created a tattoo as they do with paintings and drawings The article discusses how tattoo artists possessing ownership rights over tattoos might impair the bearer’s rights. Artists may limit the bearer from removing, modifying, or even publicizing their work, which can be problematic, especially in the case of celebrities. Often, people perceive tattoos to express a person’s personality by attaching them to the tattoos. For this reason, direct copying may lead to identity theft. For tattoo artists to enforce their rights, they face many challenges, as well as constitutional limitations. Since both tattoo bearers and tattoo artists have rights depending on what is agreed upon, it is essential to discuss the ownership and rights in advance. It is my opinion that tattoo artists deliver services and receive compensation for the effort, work, and ideas they produce. Therefore, they shouldn’t enforce their rights over a tattoo and rather forfeit it. They should also maintain a friendly relationship with the bearer. This article addresses the challenges the owner of tattoo copyright may face if they try to enforce their rights in court. Lastly, the article examines the complexities in determining the copyright in tattoos since tattoos are often created in a fluid and informal manner, which makes determining ownership of the copyright difficult.

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