The quality of execution is not a factor - a sloppy copy is a derivative work just as a very good copy. (If the result is substantially transformative - which i

The quality of execution is not a factor - a sloppy copy is a derivative work just as a very good copy. (If the result is substantially transformative - which is very, very different from an expertly executed copy, other factors might apply). If the tattoo was executed poorly, the artist might never think to sue, but they would be exactly as justified to sue as in this case.