To date no one has sought a copyright for an actual custom-designed tattoo. However, in November 2002 Elayne Angel, master piercer and owner of the Rings of Desire body piercing specialty studio, received a service mark, another form of government protection, for her tattoo design of black and gray angel wings. Angel worked with tattoo artist Bob Roberts to create the design, then Roberts tattooed the wings onto Angel in 1987. Angel’s service mark, a government registration to protect a symbol used in the sale or advertising of services of one company from those of others, protects her wings from being used in advertisements by other piercing studios.

Angel believes that government registration of body art is necessary to protect people’s custom work. “I think it is totally fair for original artwork of all kinds to be copyrighted, including tattoos. I have to say, even though imitation is considered a form of flattery, it really freaks me out to see my wings tattooed on other people!” Angel states. “They are an original, very personal artwork. They were designed by the artist, and myself, working together to create the design that was perfect for me. The idea that someone saw a picture, and brought it to an artist to be copied, shocks and disturbs me!”

Professional body art organization, such as the Association of Professional Piercers, supported Angel’s decision. After Angel’s wings received a service mark, the APP stated in its newsletter, “By agreeing to register a tattoo, the US Patent and Trademark Office has indicated that the products of our studios are indeed commercial artwork and worthy of legal protection. A tattoo can now be afforded the same consideration granted a piece of poetry, music or art used in the business world. Having this legal precedent on our sides serves to further establish body art as profession in the eyes of the law.”

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Other issues that arise in the body art industry involve copyright laws. As custom tattoos have become more common, tattoo professionals are finding that they need to protect their work from being copied by others. To do so, they can register their work with the U.S. Copyright Office. A tattoo artist who illegally copies a copyrighted tattoo can be sued for damages by the original artist.

Despite the fact that a copyright would protect their work, not all body artists believe that copyrighting is a good idea. Certain body art professionals, such as tattooist Pat Fish, believe that the industry should self-regulate because having outsiders, such as lawyers, interfere could result in an atmosphere of distrust. Nevertheless, other body artists believe that copyrighting custom work is a positive step for the body art industry because it shows that society recognizes tattoos as an art form.

As the body art community continues to debate whether or not to employ copyrights, some have already put copyrights to use. Artists who create flash, tattoo design sheets, own the copyright to their work at creation. The creator sells licenses to tattoo artists that allow them to use the designs in their tattoos. Buyers of flash may resell their own copies of the flash, but they are not allowed to make copies of the sheets and sell or exchange them. Doing so would be copyright infringement.

An example of a copyright infringement case relating to tattoos recently occurred in Portland, Oregon. Matthew Reed of Tiger Lilly Tattoo and Design Works is using to stop Detroit Pistons player Rasheed Wallace from displaying his tattoo in an ad for Nike basketball shoes. In 1998 Wallace approached Reed because he wanted a tattoo of an Egyptian-themed family with a king, queen, and three children. Reed researched the idea and created a custom design, which he tattooed onto Wallace’s arm. Reed claims that displaying his tattoo in the ad is a violation of the copyright he owns for a pencil drawing of an Egyptian family. Wallace claims that since he approached Reed with the idea for the design, either he owns the intellectual property rights to the design or shares them with Reed. If a court determines that Reed and Wallace share ownership, Reed says he is entitled to part of the money that Wallace was paid for the ad, which ran on television and on the Internet.

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Even professional body piercers and tattoo artists who follow the law can become involved in legal problems. These problems often involve dissatisfied customers. Certain clients feel that the tattoos or piercings they received are not what they expected. Some of these clients blame the tattoo artists or piercers for poor-quality work and sue for damages.

In 1999, for example, Lee Williams of Roseville, Michigan, sued Eternal Tattoos for $25,000 after getting a tattoo from the studio. Williams requested that the world villain be tattooed on his right forearm. However, neither he nor the tattoo artist knew how to correctly spell the word. The tattoo artist decided the world was spelled “villian,” and Williams agreed with this decision. Only after getting the tattoo did Williams discover the word was misspelled. Although he agreed to the spelling, Williams believed Eternal Tattoos was at fault and sued for damages.

Other tattoo artists have been sued because they have used their clients’ tattoos to gain publicity. For example, Greg Ashcraft of Skinworx Tattoo in Bessemer, Alabama, was sued in 2002 by a client for submitting photos of her and her tattoo to a national body art magazine, allegedly without her consent. At that time, a judge dismissed the case, stating that it was not an invasion of privacy. Wendy Minnifield, another client, sued Ashcraft for the same reason in December 2004. This time a state appeals court determined that submitting a photo of Minnifield to a magazine without her permission was a breach of ethics.

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Illegal piercings and tattoos have result in young people getting infections and experiencing other health problems. This is because unlicensed piercers and tattooists often do not follow the hygiene and sanitation laws required of professionals. Scratchers or piercers and tattooists at poke and stick parties often do not sterilize their equipment or use fresh needles with each person.

A recent example of the perils of unhygienic tattoo practices occurred in Colerain, Ohio. In May 2004, two Colerain high school students became sick after visiting an apartment that housed an unlicensed tattoo and body piercing studio. At least 150 students from four area high schools were estimated to have visited the apartment for tongue piercings and tattoos. Police found the studio’s sterilization procedures to be lax. Health officials advised the students to see a doctor about possible exposure to hepatitis B, hepatitis C, and HIV.

Police throughout the country are cracking down on illegal piercing and tattooing because of the health risks. For example, Tony Pippin, who lived at the apartment in Colerain where the piercing and tattoos were done, was arrested. He faced misdemeanor charges for running an unlicensed tattoo or body piercing business and doing procedures without parental consent.

Minors have also faced charges for giving their peers tattoos and piercings. In June 2004 Oneonta, New York, state police charged Reaves A. Kimbel, age seventeen, with two counts of unlawfully dealing with a child. It is illegal to tattoo anyone under eighteen in New York. Kimbel allegedly gave tattoos to a fourteen year old and a fifteen year old.

As a result of these legal issues, some professional piercers and tattoo artists have implemented rules that are even stricter than their state laws. For example, Wyoming minors are allowed to get tattoos if they have parental consent. Even so, tattoo artist Mike Wicks refuses to tattoo anyone under age sixteen. He will tattoo minors age sixteen and over only if both they and their parents bring a photo ID, sign forms of consent, and answer questions regarding intoxication, pregnancy, and diseases.

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Certain states and cities ban not only facial tattooing but all tattooing. Until recently, the states of Maine, South Caroline, and Oklahoma completely banned tattooing. By 2004, Oklahoma remained the only state with a ban still in place.

Oklahoma government representatives give several reasons for the state’s tattoo ban. Oklahoma representative Bill Graves believes that it is morally wrong to mark up a person’s body. And he believes that children should be protected from making irreversible mistakes, such as getting ta tattoo, that they will be unhappy with the later in life. Another reason commonly cited by opponents is the belief that tattooing is a health risk and can lead to the spread of infectious diseases.

Tattoo artists disagree, arguing that tattooing is safe when strict hygienic procedures are followed. Moreover, tattoo artists argue that Oklahoma’s ban is hypocritical. Although tattooing is banned, micropigmentation, the tattooing of permanent makeup, is allowed. Both micropigmentation and tattooing use the same machine and are essentially the same procedure.

As a result of the arguments of tattoo artists and their supporters, Oklahoma legislators have considered lifting the ban. In Mach 2004, the Oklahoma Senate approved a bill to legalize tattooing in the state. If the Oklahoma House also approves the bill, then tattooing will become legal there.

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Certain states also require that tattoo artists and body piercers follow specific health regulations. For example, in Virginia people cannot tattoo or perform body piercing on any client unless the tattoo artist or piercer complies with the CDC’s guidelines for “Universal Blood and Body Fluid Precautions.” Virginia tattoo artists and body piercers must also provide their clients with information about the potential health risks of tattooing and piercing. In states such as Arkansas, tattoo artists must pass a written examination that ensures that the applicant has knowledge of bacteriology and the proper technique needed to reduce the chance of infections and contagious diseases being spread.

Many states require that tattoo and piercing studios follow strict sanitation and hygiene practices as another way to reduce the risk of infections. For example, in Hawaii tattoo studios must provide a sink for the exclusive use of the tattoo artist to wash his or her hands and prepare the customers for tattooing. In Utah tattoo establishments must ensure that all instruments to be used in tattooing, except for plastic stencils, are wrapped in surgical linen wrappers and sterilized by an autoclave for at least thirty minutes.

For safety reasons, some states also place stipulations on where tattoo artists can place tattoos. In Maine and Rhode Island tattoos cannot legally be placed on a person’s hands, feet, or above the neck. One of the reasons cited for these restrictions is that tattooing on these body parts increases health risks for the clients.

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