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SuicideGirl Gets Tattoo Copyrighted

FRIDAY MARCH 10 2006 12:56 PM

Submitted by susannah_breslin. Edited By susannah_breslin.

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.["]

173 Comments

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Lemonkid

China

May 2003

MAR 10, 2006 01:02 PM

Delicious delicious revenge.

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

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

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

USA

October 2003

MAR 10, 2006 01:12 PM

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

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.