Inking Cultures: Authorship, AI-Generated Art and Copyright Law in Tattooing

Abstract

This article considers current advances in tattooing that are challenging community-held views of authorship and ownership, and the need to address this tension. The key challenge is from AI-generated artworks being used as tattoo designs, but the authorial role of the tattooist is also challenged by body art projects such as tattoo collection. Legal clarity for tattooing is lacking, and in addressing this, this article advocates for an open, community-based form of shared copyright ownership and authorship for projects as tattoo collecting, drawing on Dusollier’s and Mendis’ work. This article contributes to both copyright and cultural heritage legal scholarship, and to tattooing scholarship and the tattooing community. AI-generated art being tattooed on people has not been explored in the literature to date, and this article fills this gap.