Is this illegal?

[cbones84]

Hey,

I had a business idea that is similar to tattooing. It is not done on people or anything living for that matter, no needle or machinery is even needed. My work is permanent though, so it is the same concept. Most of the work is my own but I do use other pictures that are not my own. Is this illegal to do so? I ask because I see many tattoo artists doing pictures that are not thiers and I have never heard of a problem in the line of business for anything like that. I've taken alot of time looking into getting my business going but I can't seem to find closure on this topic. Help would be greatly appreciated.
Thanks alot

 

[Hot Topic]

You can't use a copyrighted design without the permission of the owner. It doesn't matter what others do when you're the one who's caught and charged.

 

[quincy]

Two copyright infringement cases you may wish to review, cbones, are Tattoo Artist v Nike and Rasheed Wallace, 2005, and Gonzales v Kid Zone, Ltd and Transfer Technologies, Inc, 2001.

These cases not only discuss infringement as it relates to a tattoo artist's original works (which you may find interesting because you create your own designs), but they also discuss what it is that the copyright law protects in another's work.

Common ideas, for instance, can be used by anyone. Nothing prohibits you from tattooing a picture of an eagle on someone's arm. The expression of this common idea, however, cannot be substantially similar to someone else's expression of the idea. To make your eagle look like someone else's eagle would infringe on that artist's rights.

The reason you may not hear of more tattoo artists being sued for copyright infringement over their use of another's copyrighted image could be due to the fact that not all tattoos are visible to the public. This does not mean a tattoo artist can legally use another's copyrighted image if the image is to appear in an area of a person's body that is unlikely to be seen by the copyright owner, but it does mean that the tattoo artist is less likely to be discovered using the copyrighted image and, therefore, less likely to be sued over the use.

You, however, are apparently not planning on "hiding" your tattoo-like works on someone's inner thigh or buttocks, so you would face a greater risk of an infringement action if you use another's copyrighted image without their express (preferably written) permission.