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susannah_breslin

susannah_breslin

I'm lost
June 2005

MAR 10, 2006 12:56 PM

Last Monday, SuicideGirl Amina Munster received her official certificate of registration from the United States Copyright Office to copyright the "DEAD MEN TELL NO TALES" tattoo on her chest. Needled recounts the controversy behind the story that started when Amina's custom tattoo was, she says, plagiarized by another tattoo artist. Marisa DiMattia, Needled's editor and an attorney who covered "The Tattoo Copyright Controversy" in the past, reports: "Hell hath no fury like a Suicide Girl scorned."

Rock-n-Roll pin-up queen Amina Munster says on her Suicide Girl page that she's into "intoxicants, shotguns, and hockey." Clearly not the type of woman you should mess with. Amina also holds sacred her tattoo art, particularly her signature Dead Men Tell No Tales chestpiece created by Tim Kern of Last Rites in September 2004. One year later, her custom tattoo was plagiarized by California tattooist Brandon Swartz. She called Swartz expecting an apology but received insults and threats.

Instead of shoving her prosthetic leg up Swartz's anal cavity, however, she took action to ensure that no one would rip off her custom body art again: She registered her tattoo with the US Copyright Office.

I wrote the Tattoo Copyright Controversy for BMEzine in 2003 to discuss various intellectual property issues that could arise in the context of tattoos. At that point, I didn't take a position either way -- in favor or against -- registering tattoos with the US Copyright Office. It was just an idea.

Over time, I grew to support the idea of copyright registration protection for tattoos, particularly after hearing offensive stories of blatant tattoo theft and also having my husband's work ripped off numerous times. When I discussed the idea with other lawyers, however, many were skeptical. I was told that there was no way the US Copyright Office would accept registration of a tattoo design on skin.

But it did. So allow me this one smug moment to tell them: I told you so.

This past Monday, March 6th, 2006, Amina Munster received her Certificates of Copyright: one for the drawing itself and one for the actual tattoo. [The recorded date of registration by the Copyright Office is October 4th, 2005.]

By registering her tattoo, Amina has sought to protect her rights as well as educate people that custom tattoos hold deep meaning to many and should never be copied. She's also sending a message to unscrupulous tattooists who tattoo the designs of others that they will suffer financial damage as well as damage to reputation.

Amina holds the sole rights to her tattoo art after an agreement with her artist Tim Kern. But Tim also feels strongly against tattoo theft. Here's what he said:

"Amina's chest piece was based loosely on other art, and adapted to be an original design, specifically for HER, to fit her body. I spent many hours making sure the design was just right....Seeing someone else rip off our tattoo makes me sick to my stomach. I've been tattooing for ten years. I know that tattoos get copied and usually poorly. The Internet is rampant with examples of this.["]

Lemonkid

Lemonkid

Canada
May 2003

MAR 10, 2006 01:02 PM

Delicious delicious revenge.

PointBlank

PointBlank

New York, NY
November 2004

MAR 10, 2006 01:04 PM

I'm registering "Gandalf Smoking a Bong" first thing Monday morning.

[Edited on Mar 10, 2006 by PointBlank]

Subrosa

Subrosa

San Francisco, CA
July 2004

MAR 10, 2006 01:06 PM

I actually had a debate in an Intellectual Property Law class that I took briefly about whether tattoos were copyrightable work. I'm glad that question has been resolved.

And good for Amina for pressing it.

MC_Dove

MC_Dove

Cincinnati, OH
November 2004

MAR 10, 2006 01:08 PM

good for her. i hope that rip-off artist is cursed with a lifetime of tattooing tazmanian devils.

elicit77

elicit77

USA
October 2003

MAR 10, 2006 01:12 PM

Wow, Susannah Breslin is really pretty. Woops.... I forgot to read the article. confused blush

halfcuban

halfcuban

I'm lost
February 2004

MAR 10, 2006 01:18 PM

And what exactly will happen if someone gets her tattooo? Are they going to have ot get it lasered off? I mean what about the girls on here who have copyrighted works on their bodies? The little prince drawings, quotes and lyrics from poems and songs...has anyone else thought out the implications of this? It's like opening a whole world of pain. And what if the person who her own artist admits he got the idea from comes and says...wait a second...this is my copyright.

PointBlank

PointBlank

New York, NY
November 2004

MAR 10, 2006 01:20 PM

Can some law talking guy or gal explain what this means, exactly? Since this copyright is dated to before the date of the imitator's, is there any recourse?

Subrosa

Subrosa

San Francisco, CA
July 2004

MAR 10, 2006 01:24 PM

PointBlank said:
Can some law talking guy or gal explain what this means, exactly? Since this copyright is dated to before the date of the imitator's, is there any recourse?


Unfortunately, I dropped the IP class, so I've got nothing.

walkswithbears

walkswithbears

United Kingdom
March 2003

MAR 10, 2006 01:29 PM

PointBlank said:
Can some law talking guy or gal explain what this means, exactly? Since this copyright is dated to before the date of the imitator's, is there any recourse?


For suing the imitator with a copyright established post-imitation? Thats all kinds of stupid, although thats not to say the legal system won't find a way, though.

PointBlank

PointBlank

New York, NY
November 2004

MAR 10, 2006 01:34 PM

I'm also wondering, isn't there something in trademark law where you have to take legal action against anyone infringing or the copyright is no longer valid? I'm really curious...also, how much would one tattoo have to differ from this one to be considered outside the trademark?

Third, if i draw a copy of a trademarked album cover and hang it on my wall, I'm not breaking a law (again, to the best of my knowledge--which is pretty poor) but I can't profit or exhibit it...how is a tattoo different?

priapus

priapus

I'm lost
January 2004

MAR 10, 2006 01:41 PM

Subrosa said:

PointBlank said:
Can some law talking guy or gal explain what this means, exactly? Since this copyright is dated to before the date of the imitator's, is there any recourse?


Unfortunately, I dropped the IP class, so I've got nothing.



Licensing fees? Damages for failure to pay licensing fees?

I didn't do IP either.

Nixon

Nixon

SUICIDEGIRL

California, USA

MAR 10, 2006 01:44 PM

Go Amina! As far as I'm concerned, a custom tat is very much akin to a logo.

Oren

Oren

United Kingdom
January 2006

MAR 10, 2006 01:47 PM

halfcuban said:
And what exactly will happen if someone gets her tattooo? Are they going to have ot get it lasered off? I mean what about the girls on here who have copyrighted works on their bodies? The little prince drawings, quotes and lyrics from poems and songs...has anyone else thought out the implications of this? It's like opening a whole world of pain. And what if the person who her own artist admits he got the idea from comes and says...wait a second...this is my copyright.



Good point, well made.

flowerofromance

flowerofromance

Chicago, IL
May 2005

MAR 10, 2006 01:59 PM

PointBlank said:
I'm also wondering, isn't there something in trademark law where you have to take legal action against anyone infringing or the copyright is no longer valid? I'm really curious...also, how much would one tattoo have to differ from this one to be considered outside the trademark?

Third, if i draw a copy of a trademarked album cover and hang it on my wall, I'm not breaking a law (again, to the best of my knowledge--which is pretty poor) but I can't profit or exhibit it...how is a tattoo different?



Egg-sacked-a-mundo.

Iseult

Iseult

United Kingdom
September 2005

MAR 10, 2006 02:01 PM

Inamourada_Flux said:

halfcuban said:
And what exactly will happen if someone gets her tattooo? Are they going to have ot get it lasered off? I mean what about the girls on here who have copyrighted works on their bodies? The little prince drawings, quotes and lyrics from poems and songs...has anyone else thought out the implications of this? It's like opening a whole world of pain. And what if the person who her own artist admits he got the idea from comes and says...wait a second...this is my copyright.



Good point, well made.


I would think that the tattooist, not the 'canvas' would be penalised for the breach of copyright, after all, it would be the tattooist who actually plagiarises the design, not the customer.

I also imagine that the finer details of the tattoo would not be protected by the copyright, such as words; rather the piece as a whole. If you saw that article where that arsehole copied Amina's chestpiece, you would see that he ripped it off entirely - only the slightest details were changed.

Having said that, when fashion buyers/designers decide what to put in the shops, they have to run all words used on the designs past their legal department just to prevent any accidental copyright infringement. I doubt this would be the same though, because a tattoo on one's body is private, not commercial, so I doubt anyone could sue because of the presence of a tattooed word.

As for the inspiration for Amina's design, I got the impression that a few different art works contributed to the final image, all of which were changed and rearranged substantially. Amina's design may even be unrecogniseable from the original stimulus.

pavlovsdog

pavlovsdog

Asheville, NC
May 2004

MAR 10, 2006 02:02 PM

Does this mean she has to get the © symbol and the date tattooed on her too?

Cigarette

Cigarette

Cleveland, OH
April 2004

MAR 10, 2006 02:02 PM

PointBlank said:
Third, if i draw a copy of a trademarked album cover and hang it on my wall, I'm not breaking a law (again, to the best of my knowledge--which is pretty poor) but I can't profit or exhibit it...how is a tattoo different?


I presume the tattoo artist is getting paid to copy the tattoo... I would think that if a tattoo artist was given a photo of someone's tattoo like, say, this...


and a tattoo artist produces something like this..


that would be copyright infringement.

Now if the guy copied the image to paper and handed the paper to the tattoo artist claiming it was his own work, I don't think the artist could be held responsible.

PointBlank

PointBlank

New York, NY
November 2004

MAR 10, 2006 02:03 PM

flowerofromance said:

PointBlank said:
I'm also wondering, isn't there something in trademark law where you have to take legal action against anyone infringing or the copyright is no longer valid? I'm really curious...also, how much would one tattoo have to differ from this one to be considered outside the trademark?

Third, if i draw a copy of a trademarked album cover and hang it on my wall, I'm not breaking a law (again, to the best of my knowledge--which is pretty poor) but I can't profit or exhibit it...how is a tattoo different?



Egg-sacked-a-mundo.


That's not really an answer, you know...wink

I'm really not trying to make a statement, but I'm really curious as to the legal aspects.

Cigarette

Cigarette

Cleveland, OH
April 2004

MAR 10, 2006 02:04 PM

Lissom said:
As for the inspiration for Amina's design, I got the impression that a few different art works contributed to the final image, all of which were changed and rearranged substantially. Amina's design may even be unrecogniseable from the original stimulus.


As a matter of fact...

PointBlank

PointBlank

New York, NY
November 2004

MAR 10, 2006 02:04 PM

Ahh, that makes sense, Clov.


Tattoos and the law: it's like the nexus of my ignorance.

Iseult

Iseult

United Kingdom
September 2005

MAR 10, 2006 02:07 PM

Clov said:

Lissom said:
As for the inspiration for Amina's design, I got the impression that a few different art works contributed to the final image, all of which were changed and rearranged substantially. Amina's design may even be unrecogniseable from the original stimulus.


As a matter of fact...


Ah, I stand corrected. I did say, "I got the impression." Not that I was certain.

Cigarette

Cigarette

Cleveland, OH
April 2004

MAR 10, 2006 02:08 PM

PointBlank said:

flowerofromance said:

PointBlank said:
I'm also wondering, isn't there something in trademark law where you have to take legal action against anyone infringing or the copyright is no longer valid? I'm really curious...also, how much would one tattoo have to differ from this one to be considered outside the trademark?

Third, if i draw a copy of a trademarked album cover and hang it on my wall, I'm not breaking a law (again, to the best of my knowledge--which is pretty poor) but I can't profit or exhibit it...how is a tattoo different?



Egg-sacked-a-mundo.


That's not really an answer, you know...wink

I'm really not trying to make a statement, but I'm really curious as to the legal aspects.


I've heard of TRADEMARKS having to be protected lest they fall into the public domain. Coke, Xerox, and Kleenex will all write you letters asking you to refrain from using their trademarked names as generic names. For example, if you wrote a magazine article that says, "I reached for a kleenex as I xeroxed my ass..." they'll ask you to, in the future, capitalize it and indicate that it is trademarked. Otherwise, they'd rather you use the generic words, such as "tissue" and "photocopy".

Cigarette

Cigarette

Cleveland, OH
April 2004

MAR 10, 2006 02:08 PM

Lissom said:

Clov said:

Lissom said:
As for the inspiration for Amina's design, I got the impression that a few different art works contributed to the final image, all of which were changed and rearranged substantially. Amina's design may even be unrecogniseable from the original stimulus.


As a matter of fact...


Ah, I stand corrected. I did say, "I got the impression." Not that I was certain.


I was just sayin', is all.

Iseult

Iseult

United Kingdom
September 2005

MAR 10, 2006 02:10 PM

Clov said:

Lissom said:

Clov said:

Lissom said:
As for the inspiration for Amina's design, I got the impression that a few different art works contributed to the final image, all of which were changed and rearranged substantially. Amina's design may even be unrecogniseable from the original stimulus.


As a matter of fact...


Ah, I stand corrected. I did say, "I got the impression." Not that I was certain.


I was just sayin', is all.


Oh, I know! I'm glad you brought it to my attention. smile

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