Tattoo Insurance Explained – Copyright and Design Infringement
All professional artists and tattooist’s designs are automatically protected by copyright law under the 1988 Copyright, Designs and Patents Act. Copyright duly protects the integrity of your work and that of other artists against plagiarism or unauthorised reproduction.
How Does Copyright Protect Your Work?
- Copyright law is relatively straightforward, it protects firms or individuals from:
- Copying your work
- Distributing copies of it, either for sale or free of charge
- Lending or renting copies of your work
- Showing or displaying your work in public
- Making an adaptation of your work
- Placing it on the internet
- Clients Often Provide Designs to Me – How Am I Impacted?
It is common for clients to provide outline designs for tattooists to work from. In these circumstances you may inadvertently breach another artists design or copyright.
Whilst this is very difficult to police or monitor, should you carry out work based on this design you could be held liable for breach of copyright. Best practice is to ask clients the origin of the design, and ideally for proof that they have the rights of reproduction.
Can I Use or Reproduce Works That Are Not Officially Registered?
It is a common misconception that artists’ work needs to be officially registered before any copyright exists. In reality, copyright exists as soon as the artist produces the work.
Many artists or media firms have fallen foul of copyright infringements through failure to checks reproduction rights to work or designs.
Some legal expenses insurance policies may be able to assist you in pursuing a third party whom you believe may have breached your design or copyright. Before anyone reproduces your work they should ask for your express permission and provide details as to how they plan to utilise your design.
Perhaps even more important is your own protection against acquisitions of copyright infringement. No matter how thorough or vigilant you are, the nature of a tattoo artist’s role can create significant risk.
Whilst you may think it is unlikely that cases will be pursed, today’s modern online world is extremely transparent and it is difficult to predict who will be featured in on or offline magazine or news articles.
Tattoo Safe’s specialist Tattoo Insurance product provides both copyright and design infringement cover as standard, providing peace of mind should you inadvertently breach another artists design and receive a request for compensation.
In many cases these instances can be defended as the design is similar rather than a repetition or imitation of the original design, but without adequate insurance protection you would be left with a costly legal defence bill.
FREE Insurance Review
At Tattoo Safe we pride ourselves in providing specialist Tattoo Insurance cover which can be tailored to your exacting needs. Whether you operate as a freelance artist or a run multiple studios, we can find the right package to meet your needs.
All our Tattoo policies automatically provide full treatment risk cover and copyright and design infringement protection as standard.