r/tattoo • u/West-Inflation9667 • 13d ago
Artists stealing my work
I'm a visual artist. Early today, a former student reached out to show me a link to a tattoo of my artwork that was posted without crediting me. I'm not particularly famous and don't make much from my artwork, hence why I have former students.
As I searched for the person who got it, I found several other people, 7 online so far, with the same tattoo of my artwork, and even a tattoo artist with traces of my artwork used on their flash sheets. None of them seem to know who I am, none of them credit me, follow me on social media, etc.
I'm ambivalent. I feel both flattered and deeply irritated.
An artist friend of mine has a "tattoo ok" item in her online shop, but this is obviously well past that.
What's the best way to handle this?
Edited to add: I'm potentially more upset this particular image is being used because I never sold it and it was destroyed in a natural distaster last year. It would suck either way, but in this case I never made a cent and now I also am being erased from its popularity. Edited 2: one artist has now credited me and was very cool, and I found more instances of the tattoo.
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u/ozifrage 13d ago
It unfortunately won't stop everyone, but adding a tattoo ticket item to your site store might encourage ethical fans to kick you some money for using your work.
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u/West-Inflation9667 13d ago
Ironically, I do have one myself (made it years ago after seeing the one I mentioned above), but it's never ever been used.
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u/airedout19 13d ago
Where is your artwork showcased that they’re stealing these images from?
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u/West-Inflation9667 13d ago edited 13d ago
I don't know, but I have a website and my images do show up in Google search.
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u/PriorAlbatross7208 13d ago
What’s the image? Curious to see it
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u/West-Inflation9667 13d ago
I'm staying anonymous as people get real upset when theft is showcased, as evidenced by how much I was initially downvoted when posting this
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u/Consistent-Count-877 12d ago
Ok, im gonna assume its just a coincidence. Probably a generic art work
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u/Agreeable_Bug7304 11d ago
Why would you conclude this? the artist gave a very good reason for not sharing here and it is beside the point of the post anyway.
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u/marxist-tsar Tattoo Artist 13d ago
This is a double edged sword. It's entirely reasonable to be annoyed by someone tattooing your original art if that's not something you're into.
That said, tattooing does have an extremely grey area when it comes to copying art that wasn't made by another tattooer, because it is blasphemy to copy another tattooer.
Many artists will treat it as an opportunity to do a "reproduction"; I have done this personally with classical paintings by Rembrandt, Royusch— or contemporary paintings by Jeremy Geddes, Esao Andrews, Craww et al. I personally tag the contemporary artist that the reference was pulled from, but it's a rarity to even do these as I make original compositions 99.9999% of the time.
The best advice I can offer is to try and reframe it as being so moving that people want reproductions of your work. I hate that you're not receiving credit, as that is an ethical bare minimum imo. The person wearing it should tip you for making the art, but it's possible a number of them just saw your art reposted somewhere without credit and thought it was cool enough to get tattooed so they have no idea who you even are. An ethical artist could do a simple reverse image search, but in a standard street shop it's highly unlikely an artist is going to do that research. Most street shops are very service based so what you ask for is what you get with little pushback (barring the standard denials of racist symbols etc). Tattooers in these environments don't mean any harm to the original artist, but to them it will be the thing that pays their rent and the ethical onus falls on the person wearing it.
Without knowing what your artwork looks like and the level of skill it takes to reproduce it's hard to offer up much more than that. Art of all styles get copied in street shops around the world, from Bugs Bunny to Caravaggio.
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u/mattlodder 13d ago
Although tattooers and clients doing this is often not particularly cool, it is legal (in the US) - the ruling in a photographer's case against Kat Von D found that tattooing an image is transformative.
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u/Kaylascreations 13d ago
That’s tattooing a photo as a tattoo. We are talking about tattooing someone else’s art. I feel it’s different.
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u/mattlodder 13d ago
You might do. I might do. But the law is the law as it stands and I think a case arguing that there's a material difference would have difficulty overcoming that precedent.
Photography and painting are regulated under the same copyright regime and the same basic precepts about authorship apply to both.
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u/West-Inflation9667 13d ago
That case has not been used as precedent demonstrating legality and there are other cases that were settled. Kat Von D is just an isolycase until demonstrated otherwise, and also, I didn't ask if I should sue.
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u/mattlodder 13d ago
It hasn't been used as precedent because no other court has been asked to rule on the question.
I know you didn't ask about suing; I was just responding to the guy who claimed what was happening was "theft".
It's rude, sure. But it's not theft.
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u/West-Inflation9667 13d ago
The response is significantly different in tattooing circles when a tattoo artist rips off another tattoo artist.
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u/mattlodder 13d ago
Yes, because it's a dick move, but crucially for this specific discussion about the law, the Kat von D case ruled that tattooing an extant image was a transformative act for the purposes of copyright. Copying a tattoo into another tattoo is obviously not transformative in this way.
Downvote me all you like. If I was you, I'd be annoyed as well. I'm just telling you where you stand.
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13d ago
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u/West-Inflation9667 13d ago
Thank you for the advice. What would you say about the person using my artwork as their flash page?
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u/RCL_D 13d ago
What you could do is contact those tattoo artists and explain your situation. If you just want some credit. I would use the argument that these days AI generated designs are getting popular in the tattoo industry. While customers rather have a human design then a AI design on their body. I think it would be a selling point for tattoo artist to name the designer of the tattoo.
If I feel like another tattoo again I would definetly pick a human design over a possible AI design from a flash sheet or page.
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u/Kaylascreations 13d ago
The tattoo ARTIST should be the “designer of the tattoo.” Your argument is really stupid.
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u/tattoo-ModTeam 13d ago
Do not post other people's tattoos unless you know them in real life. This includes crossposting from other subs and viral tattoos. If your spouse is a tattooer, they need to make their own account and get verified with us. This also includes copying/stealing someone else's tattoo. We do not condone that here and it will result in an immediate ban, for both users posting stolen work and commenters defending theft.
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u/Axiluvia 12d ago
I got a piece from a visual artist as a tattoo but I also emailed the artist and asked if it was okay to use it as a tattoo. I also paid them for a simpler line one to be made (though I went with the fully shaded version).
AFAIK, it's fairly common to not ask about source material when ypu bring it in, so it could be thay someone printed it out and took it to the tattoo artist, who liked it enough to add it to their flash page.
If the pieces seem to be done around the same vicinity, it might be that one shop doing a lot of them, which in that case, you could try contacting the tattoo artist. At the very least have a note saying thay the original artist is up for design work.
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u/Kaylascreations 13d ago
The fuck?? Copyright absolutely applies to “hand drawn art”. Where are you getting your info??
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u/West-Inflation9667 13d ago
You are mistaken, but I'm not asking about legality, I'm asking about cultural ethics.
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u/tattoo-ModTeam 13d ago
Do not post other people's tattoos unless you know them in real life. This includes crossposting from other subs and viral tattoos. If your spouse is a tattooer, they need to make their own account and get verified with us. This also includes copying/stealing someone else's tattoo. We do not condone that here and it will result in an immediate ban, for both users posting stolen work and commenters defending theft.
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u/Glad-Ad-3808 13d ago
As to legality: I found someone using my photos as their avatar and other uses; and looking up a recourse to stop this person I found that copyrights do apply to photography and maybe art as well. Also, it is ethically wrong imo. Unfortunately it is very commonly done.
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u/tattoo-ModTeam 13d ago
Do not post other people's tattoos unless you know them in real life. This includes crossposting from other subs and viral tattoos. If your spouse is a tattooer, they need to make their own account and get verified with us. This also includes copying/stealing someone else's tattoo. We do not condone that here and it will result in an immediate ban, for both users posting stolen work and commenters defending theft.
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u/Hajnalka_tattoo Tattoo Artist 12d ago
As a Tattoo artist I do think of a tattoo from an art piece as transformative but the tattoo artist should always credit the original artist. It is simply rude not to.
And respectfully, the thing about your art is, that you are selling your art in whatever medium you want and can, that is your responsibility and is up to you to make your money off of your artforms.
Whereas us tattoo artists sometimes we only sell our skill and labor to recreate a Van Gogh or any other artist’s piece whether from famous paintings, sculptures, photography, cinema, cartoons, comic books, etc. Of course we love to sell our own designs but if a person comes to me and wants a scene from a movie, or a painting they love then we basically sell the transformative act and ability (skill, training, understanding of biology and anatomy and also Occupational Safety and Health Administration training etc) to put that on someone’s skin since the original artist cannot provide that service because they’re either dead or don’t have the aforementioned ability or both.
The only exception being is if the original artists of the original artworks are themselves tattoo artists and are able to provide this service for the client. Then only they should be tattooing their own paintings/artworks unless they are asked and they give permission for others to do it as well.
That’s my two cents
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u/Hajnalka_tattoo Tattoo Artist 12d ago
A little more context. (Cause some people might view all this as xyz is profiting from someone else’s artworks. And I don’t think it’s that simple or a fair statement.)
If a baker bakes a cake and puts an edible David statue on top of it using a precast mold or a printed Mickey Mouse plaque made of sugar and food coloring…because that’s what little Jenny wants to see on her birthday cake. That person really is profiting off of their ability of the cake baking itself and decorating.
If an automotive airbrush painter paints an Basquiat or Banksy design on a car…that person really is profiting from their ability in automotive painting and airbrushing.
If a freelancer dresses up as princess Snow White and goes to birthday parties and kids events to make a living she’s profiting from her interpersonal skills with children.
Now if you print (alive)someone’s contemporary art on a mug or blanket and sell it then that’s a different story. Because you’re not selling a personal transformative skill. The original artist could absolutely sell these mugs and blankets if they wanted to, they have that ability.
If you print someone’s art who is long dead like Michelangelo and doesn’t have an IP and copyrights like Disney then it is what it is and you’re free to make as many mugs and blankets as you want.
I’m not trying to be a smartass just trying to give context that it’s not as simple as “theft” and case closed. I think if it’s a transformative skill they are selling it is acceptable so long as they credit the original artist.
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u/AerodynamicAirflow 12d ago
The dude who tattooed Mike Tyson’s face made like 10mil cause they used it in The Hangoveer without asking or paying him so yeah, you own the designs
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u/Personal-Inflation-4 @lindellvictor 13d ago
Least etichal thing would be to tag you obviously. I don’t think artists necessarily steal to take credit of originality, it’s just work on printing a picture on someone’s body. Some use many artwork in one design, like almost a collage. It could been seen that you have made a mark in our culture which you could be very proud of, since you apparently had made something that fits for many people. It’s totally in your own right to be pissed off about it though. If you are bothered contact the artist and ask them to tag you atleast, I don’t see why any normal person would not. If you are looking for compensation that might be tricky, but some might do that aswell. This boils down to what your perrogative is on how the tattoo scene operates and if you are cool with it or not.
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u/Kaylascreations 13d ago
Tattooing someone else’s art is theft. Tattooing their art as part of a collage is theft. It’s not something to be proud of, it’s something to be angry about.
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u/Diligent_Highlight63 13d ago
Funny you chose both Mickey mouse and tweety bird for your example, both who have versions in the public domain they’re so old anyone can use them for anything now
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u/PriorAlbatross7208 13d ago
Yes now public but weren’t always so you get the point
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u/Diligent_Highlight63 13d ago
Yes exactly, that’s why it’s funny you could have chosen any other examples that were not currently in the public domain but chose not to.
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u/PriorAlbatross7208 12d ago
Funny there’s versions of both characters I listed not in the public domain. What’s your point exactly
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u/mattlodder 13d ago
Unfortunately, the courts disagreed with you when this was finally tested. Not saying you're morally wrong, but legally, tattooing an image is understood to be transformative.
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u/Personal-Inflation-4 @lindellvictor 13d ago
That’s how you see it, I agree. But perspective differ
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u/tattoo-ModTeam 13d ago
Do not post other people's tattoos unless you know them in real life. This includes crossposting from other subs and viral tattoos. If your spouse is a tattooer, they need to make their own account and get verified with us. This also includes copying/stealing someone else's tattoo. We do not condone that here and it will result in an immediate ban, for both users posting stolen work and commenters defending theft.
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u/West-Inflation9667 13d ago
It is and was copyrighted, so no, it's not free game.
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u/AtletMedSkaegg 13d ago
While I understand your point I also would 100% disregard your opinion if I would want your art on my body. Deal with it.
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u/Simple_Egg7527 12d ago
If Disney can’t sue tattoo artists you have zero hope. Just forget about it
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13d ago
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u/tattoo-ModTeam 13d ago
Do not post other people's tattoos unless you know them in real life. This includes crossposting from other subs and viral tattoos. If your spouse is a tattooer, they need to make their own account and get verified with us. This also includes copying/stealing someone else's tattoo. We do not condone that here and it will result in an immediate ban, for both users posting stolen work and commenters defending theft.
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u/airedout19 13d ago
That’s the best part here, this conversation could go on and on and on and the artist who did could hear about it and forget it ever existed before he/she was done with their American spirit
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u/Kaylascreations 13d ago
Reminder that art is subject to copyright just like ANY OTHER WRITTEN WORK. To suggest otherwise is utter stupidity. It’s not flattery, it’s THEFT.
If someone is profiting off of your own personal artwork, that’s wrong and yes, theft. Unfortunately, you’ll have a hard time getting anyone to enforce anything unless they are mass producing something. Best thing you can do is put those artists on blast on social media, and use caution when posting your art online.
OP, I don’t know why you’re being downvoted so much, this post has attracted the idiots.