Perzanowski (2017)
Contents
Source Details
Perzanowski (2017) | |
Title: | wning the Body: Creative Norms in the Tattoo Industry |
Author(s): | Perzanowski, A. |
Year: | 2017 |
Citation: | Perzanowski, A., 'Owning the Body: Creative Norms in the Tattoo Industry', in Darling, K. and Perzanowski, A. (eds.), Creativity Without Law: Challenging the Assumptions of Intellectual Property, New York University Press, New York, 2017, pp. 208–276. |
Link(s): | Definitive |
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About the Data | |
Data Description: | Data were obtained from interviews with fourteen tattoo artists based in the United States. |
Data Type: | Primary data |
Secondary Data Sources: | |
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Data Analysis Methods: | |
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Country(ies): | |
Cross Country Study?: | No |
Comparative Study?: | No |
Literature review?: | No |
Government or policy study?: | No |
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Abstract
“Aaron Perzanowski’s research on the tattoo industry provides one illustration of this phenomenon. Despite generating billions of dollars in annual revenue, the tattoo industry rarely relies on formal assertions of legal rights in disputes over copying or ownership of the creative works. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. But tattoo artists opt for self-governance despite the fact that their creations fit comfortably within the scope of copyright protection. This chapter offers a descriptive account, drawn from qualitative interview data, of the social norms that have overshadowed formal law within the tattoo community. It also provides a set of complementary cultural and economic explanations for the development of those norms.”
Main Results of the Study
• Even where tattoos can be protected by copyright, this protection is rejected by the tattoo artist community. The study frames the tattoo community as countercultural, with a strong scepticism of the legal system. For example, there are concerns within the community that if enforcement measures are pursued, this may draw unwanted attention from copyright owners of e.g., third party tattoo content.
• There is a strong norm in the community about the sanctity of a client’s body and their ownership of a tattoo, rather than a tattoo artist’s ownership. This norm does not apply when the tattoo is disconnected from the body and placed in other formats such as e.g., virtual games.
• Rules against copying in the tattoo industry are unclear. There is a strong norm against literal copying of custom designs, but an agreement that the borrowing of concepts and abstract ideas is acceptable.
• When intra-community norms are breached, the community responds through: inaction; direct communication with the copyist, or; negative gossip/public shaming/blacklisting of the copyist.
Policy Implications as Stated By Author
The study does not make any explicit policy recommendations.
Coverage of Study
Datasets
Sample size: | 14 |
Level of aggregation: | Individual |
Period of material under study: | 2012 |