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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
monkeyVSrobot33

monkeyVSrobot33

Billerica, MA
February 2005

MAR 10, 2006 07:39 PM

if i tried to copyright my Green Lantern tattoo would Warner Bros. (the owners of said license, and all DC Comics licenses) try and take my arm in the resulting lawsuit?
I like my arm. I'm attached to it. ::cue rimshot::

MessyJessy

MessyJessy

Fort Myers, FL
August 2005

MAR 10, 2006 07:40 PM

monkeyVSrobot33 said:
if i tried to copyright my Green Lantern tattoo would Warner Bros. (the owners of said license, and all DC Comics licenses) try and take my arm in the resulting lawsuit?
I like my arm. I'm attached to it. ::cue rimshot::



Nice first post smile +1

Cigarette

Cigarette

Cleveland, OH
April 2004

MAR 10, 2006 07:45 PM

MrHateYourself said:
.....not quite sure how I feel on this. Art is art, whether it's a scribble on a napkin, a canvas painting or ink on skin, and an artist should have rights over their work....

....but then in this particular case, a skull-n-crossbones, "Dead Men Tell No Tales", swords, blood.....nothing original, all very generic, just the particular details of arrangement is in question. If I put a collection of public domain cartoons on a DVD and sold it, then someone else put the same toons in either the same or very slightly different order on a DVD and sold it, are they infringing on "my" work of generic copyright free material? Amina is certainly not the first or only person to have these things on her. Are we going to copyright hairstyles next?

EItherway-she fought for what she wanted, and that's fucking awesome for her. smile


Have you seen how close to Amina's the infringing tattoo is?

nirbhao

nirbhao

HOPEFUL

Ada, MI

MAR 10, 2006 07:51 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?



No. She has no recourse against the cunt bubble who stole the work the first time, but she is protected against anyone else doing it.

Drake

Drake

SUICIDEGIRL

I'm lost

MAR 10, 2006 07:53 PM

halfcuban said:
And what exactly will happen if someone gets her tattooo? Are they going to have ot get it lasered off?



SUED!

halfcuban said:
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.




I think if a tattoo artist profits by putting another artist's work on people's bodies, they should owe the original artist royalties. I guess that would increase the price tag on a non-original design, but it seems fair to me. I mean, that's how the rest of the world works.

Martini

Martini

SUICIDEGIRL

Ontario, Canada

MAR 10, 2006 07:54 PM

good for her.

xo

nirbhao

nirbhao

HOPEFUL

Ada, MI

MAR 10, 2006 07:56 PM

imaFAKE said:
isnt the whole phrase "dead men tell no tales" from disney? is that not copyrighted? ARRR!!!



it is so much older than disney wink

Charley

Charley

SUICIDEGIRL

United Kingdom

MAR 10, 2006 07:58 PM

It's a kick in the teeth for people who have no imagination of their own. Good for her.

nirbhao

nirbhao

HOPEFUL

Ada, MI

MAR 10, 2006 08:11 PM

As someone who has tattoo work that is original and of extreme personal, emotional value, I can see why Amina is pissed. I'm sure I'm not alone there.

If people suddenly started getting plaid stars, it would probably make me feel like the 12 hours that went into just putting my family tartan on my body wasn't as big of a deal as it was-- (not to mention even finding an artist willing to tattoo tartan!) you know, an I-did-it-before-it-was-cool type thing?

and this guy got the exact same tattoo and the artist insulted her when she wanted an apology? I agree that she should have shoved every inch of her leg up his ass.

jason

jason

USA
August 2002

MAR 10, 2006 08:14 PM

of course this guy could just say its a parody of amina's tattoo. which wouldnt be far from the truth at all...

i still dont understand how this is different from any of the other billions of tattoos of trademarked, copywritten images (black flag, dead kennedys, pac man, akaline trio, misfits, smashing pumpkins, etc...)

glenn dazing is going to sue henry rollins for his trademarked misfits ghost tattoo?

Nimhly

Nimhly

Green Bay, WI
February 2003

MAR 10, 2006 08:27 PM

cato said:

MrMuller said:

Clov said:

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.



Well I know that everyone here and possibly the law would disagree with me. But I still say whoever does the art should hold the copyright, period. That's just me.

Edit: Don't get me wrong here though, if you draw something and give it to someone to tattoo on you, then you should definitely have the copyright. I'm talking about whoever does the original artwork.

[Edited on Mar 10, 2006 by MrMuller]



Do you think artists should be allowed to sell their rights? And if not, why not?




that's really a moot point. Graphic designers sell their rights every day. When I design a logo, I charge a specific fee to the company to buy the rights to that logo. Once it passes to them, they can do whatever the hell they want with it. On the other hand, if they dont' buy the rights, I'm well within my rights to sue them if, say, I designed them a logo to use on a website, and they take it and make a billboard out of it.

Logos are just a different form of art, graphic artists are still artists.

Cigarette

Cigarette

Cleveland, OH
April 2004

MAR 10, 2006 08:40 PM

jason said:
of course this guy could just say its a parody of amina's tattoo. which wouldnt be far from the truth at all...

i still dont understand how this is different from any of the other billions of tattoos of trademarked, copywritten images (black flag, dead kennedys, pac man, akaline trio, misfits, smashing pumpkins, etc...)

glenn dazing is going to sue henry rollins for his trademarked misfits ghost tattoo?


There are a myriad of differneces between those two cases.

I'll just cite the most glaring difference between these two cases: Rollins was not, I presume, trying to pass off the Misfits' logo as his own work.

And I don't see how you could call it a parodic work. It is pretty nearly identical. Any differences are only superficial. The derivative work in no way comments on the original work but instead seeks to imitate both it's execution and market effect, that is to say the fact that it is a body decoration. Had the artist, for example, modified the design to be a more grotesque or cartoony version, something that sought to use the original design towards another purpose, that would qualify as parody.

If I write a song that goes, "Hey Jude, don't make it sad, take a bad song and make it better", just because I'm making some superficial alterations doesn't mean I've written a parody. It's essentially the same song.

Now that's parody! biggrin

[Edited on Mar 10, 2006 by Clov]

Ska_Boss

Ska_Boss

Indianapolis, IN
October 2005

MAR 10, 2006 08:43 PM

Fuck copyright laws, fuck intellectual property; it's all a bunch of fucking hypocrisy. If I got a tattoo, I'd get it copylefted. Maybe I'll get a tattoo of the copyleft symbol. That would kick ass.

Cigarette

Cigarette

Cleveland, OH
April 2004

MAR 10, 2006 08:52 PM

Ska_Boss said:
Fuck copyright laws, fuck intellectual property; it's all a bunch of fucking hypocrisy. If I got a tattoo, I'd get it copylefted. Maybe I'll get a tattoo of the copyleft symbol. That would kick ass.


That's the attitude that left blues and R&B artists in the poor house fifty, sixty years ago while white people got rich off their music.

mitchclem

mitchclem

San Antonio, TX
August 2005

MAR 10, 2006 09:07 PM

So people who aren't artists and who don't create anything get to set legal precedence on undoubtedly important copyright issues? As an artist who has created and who continues to create copyrighted materials, am I now expected to start suing fans who get my art tattooed on them in order to keep my copyright?

Maybe there's still something I'm missing even after reading this thread and all of Amina [copyrightedlast name]'s posts on the subject, but this whole thing just seems like an uncreative person getting unfairly butthurt because OH NO, now someone else has the same tattoo as her and OH NO, however will she be an individual now? Someone got a tattoo someone else designed Fuckin cry about it.

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