News > Culture > SuicideGirl Gets Tattoo Copyrighted

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FRIDAY MARCH 10 2006 12:56 PM

SuicideGirl Gets Tattoo Copyrighted

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.["]

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Comments

Mineux

HOPEFUL

Torrance, CA

MAR 10, 2006 04:12 PM

This indeed rocks! Congrats to Amina! I think trademarking your custom tattoos should be commonplace.
But will there be a registry where one can look to see if a tatoo is copywritten?

voodoognome

Norman, OK

May 2005

MAR 10, 2006 04:34 PM

Her tattoo is cool and all, but I don't think a tattoo composed of cultural memes should be copyrighted. And if it was copyrightable shouldn't the artist hold the copyright?

I think making tattoos into a form of property that can be litigated over is lame, Just my $0.02

MrMuller

Detroit, MI

March 2004

MAR 10, 2006 04:42 PM

I think the person that does the artwork should hold a copyright, as long as the art differs greatly from anything that's public domain.

MessyJessy

Fort Myers, FL

August 2005

MAR 10, 2006 04:52 PM

I'm just waiting for the first person to get the barbed wire arm band copyrighted...what a mess that's going to be

sparaz

Lompoc, CA

November 2002

MAR 10, 2006 04:55 PM

booyakah, thatz how you get that fucker back, and those people who lacked drive and belief... fuck yes, this is perfect.

Cigarette

Cleveland, OH

April 2004

MAR 10, 2006 05:22 PM

MrMuller said:
I think the person that does the artwork should hold a copyright, as long as the art differs greatly from anything that's public domain.

Depends on the arrangement between the artist and the consumer. My guess is that the copyright would belong to the person who gets the tattoo, and the artist would be doing work for hire.