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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
docrock

docrock

Australia
May 2005

MAR 10, 2006 09:45 PM

What alot to think about! Correct me if I'm wrong, but -

1. (as an ex-graphic designer) I don't think graphic designers have any rights to their work, UNLESS they haven't been paid - otherwise, either their client or their boss are paying for their services and work produced.

2. (as an artist) I don't think a buyer can own anything except the peice itself - they can sell it, and advertise to sell it - but produce a set of beer-coasters from it? I'd sue like hell. My buyers own their prints, however I still own the work.

If this is wrong, please let me know.

Does anyone know - a lot of copyright law is media dependant (digital, printed, etc); and since in this case the media is skin, has there been any legal debate on the ramifications of THAT?

L7rules

L7rules

Mount Prospect, IL
December 2004

MAR 10, 2006 09:48 PM

That is fucking AWSOME!!!!! WAY TO GO!!!! biggrin biggrin biggrin

Doxie

Doxie

SUICIDEGIRL

Oregon, USA

MAR 10, 2006 09:52 PM

Goooo Amina! biggrin

[Edited on Mar 10, 2006 11:53PM]

Amina

Amina

SUICIDEGIRL

Nevada, USA

MAR 10, 2006 10:28 PM

Awww, all this over little ol' me. I wish I had time to contribute to this thread, though I'm afraid that I wont till Sunday. I did say this in another thread in the tattoo group:

Amina said:
I have no interest in further contacting the previous plagiarists nor do I wish them harm. I registered the tattoo to make a point and hopefully it will provoke people to think before they steal.

Hearts, Amina



I value everyones opinions, wether you view it as plagiarism or not. Atleast it is a subject that stimulates the mind.

Hearts, Amina

pyropixie

pyropixie

USA
February 2003

MAR 10, 2006 10:43 PM

thats fancy and all, but amina has a jessica rabbit tattoo. did she get permission from disney to do that? while i understand the reasoning behind her getting it copyrighted, doesnt she herself break the law by getting something tattooed on her that isnt hers?

trestria

trestria

Wilson, NC
October 2004

MAR 10, 2006 10:56 PM

Yeah, this shit is ridiculous.

comicking

comicking

Rosemount, MN
May 2004

MAR 10, 2006 11:14 PM

One of the items regarding copyrights is that they protect original works of art like tattoos from being copied, but they do not protect the orginal work if the "copy" is not exactly the same. If there are enough differences, then the copy is considered a piece all of its own.

There is no case law on the tattoo subject yet. Perhaps if Amina begins a lawsuit and wins we'll have one, but in the meantime we have to look at previous torts. While I don't have the references available to me, they basically cover what I've stated above. While there are too many similarities (especially that the guy got his on the chest, the skull, words and knives/sword placements are too much for me), there may be enough differences:

Notice the chain links coming out from under the "Dead Men" scroll? How about the fact that the swords are only shown above the skull and the blades below are not? Did you notice the "loop" on the upper right sword handle? I won't mention the colors used, as they have no bearing on the artwork, but these other items I've mentioned may - I repeat MAY- (I'm not an attorney) present enough of a difference to make the artwork an original all of its own.

Regarding those that have tattoos of other copyrighted material. If they did not get permission from the creator of those works, then they may wish to change them sufficiently enough so they don't get sued, but most likely it would be their tatto artist who would be at fault for creating the copy.

As I recall, copyrights last for 15 years after the creator's death. So hopefully Tim Kern will live a long time. I suggest that any agreement between Amina and Tim be put in writing though, just in case...

The copyright office will allow copyrights on almost anything... as long as they get paid. Did you know that you can get a UCC filing for yourself, and claim that you are a "transmitting utility" and as such have a lien placed on yourself by yourself so that you can skirt paying your bills? Not really, but there are people who are doing this anyway, and to a point getting the IRS off their backs.

SonOfAPunk

SonOfAPunk

Maple Ridge, BC
January 2006

MAR 10, 2006 11:21 PM

Fuckin' rights.

I woulda done a whooole lot worse than legal action... But this is the good way of handling things.

comicking

comicking

Rosemount, MN
May 2004

MAR 10, 2006 11:22 PM

Schiele said:
2. (as an artist) I don't think a buyer can own anything except the peice itself - they can sell it, and advertise to sell it - but produce a set of beer-coasters from it? I'd sue like hell. My buyers own their prints, however I still own the work.



You are correct sir. Unless you have sold the rights to the buyer. Read any and all contracts. In Australia the laws could be different, but in the US, if there is a company involved like, say Coca Cola, they will have a contract drawn up giving them all rights to the product and the work. That's why I say Amina and Tim need to put it in writing. If something were to happen to Tim and there was no contract, his "estate" could sue if Amina put her likeness with the chest piece on beer-coasters to sell.

burtlo

burtlo

Seattle, WA
May 2004

MAR 11, 2006 12:32 AM

I had this strange idea that the opinion here would be against intellectual property.

Unfinished

Unfinished

Kailua, HI
August 2005

MAR 11, 2006 12:34 AM

Go Amina Go!!

NicNic

NicNic

Australia
January 2006

MAR 11, 2006 01:15 AM

pyropixie said:
thats fancy and all, but amina has a jessica rabbit tattoo. did she get permission from disney to do that? while i understand the reasoning behind her getting it copyrighted, doesnt she herself break the law by getting something tattooed on her that isnt hers?



touche

I appreciate the idea behind this and can understand Amina being pissed off but this is taking it too far. I mean seriously, let's be honest here people. I would guesstimate that 10% of tattooed people's tattoos would be 100% original work, perhaps 50% would be flash and the other 40% stollen from somewhere be it logos, cartoon characters, band names, images from tattoo magazines or off the internet. This kind of action is a tad hypocritical from someone who has Snow White tattooed on her arm! Disney would be well within their right to hit Amina with a copyright infringment suit (probably a defamation case as well)!

Please don't get me wrong here, like I said I appreciate her anger and can understand where she is coming from I just can't stand hypocricy. I think what is need here is not legal action and court orders (because frankly if everyone acted on this alot of people would be in a heap of shit) but a higher code of ethics from tattooees and tattooers to respect people's custom work, sure use it as insipiration but don't flog it, that's just not on.

MrMuller

MrMuller

Detroit, MI
March 2004

MAR 11, 2006 01:23 AM

Amina said:
Awww, all this over little ol' me. I wish I had time to contribute to this thread, though I'm afraid that I wont till Sunday. I did say this in another thread in the tattoo group:

Amina said:
I have no interest in further contacting the previous plagiarists nor do I wish them harm. I registered the tattoo to make a point and hopefully it will provoke people to think before they steal.

Hearts, Amina



I value everyones opinions, wether you view it as plagiarism or not. Atleast it is a subject that stimulates the mind.

Hearts, Amina



In any event, Amina's pretty darn awsome. wink

missmalice_

missmalice_

Winchester, VA
October 2005

MAR 11, 2006 01:41 AM

Way to go Amina!

Gryphon840

Gryphon840

Murfreesboro, TN
November 2005

MAR 11, 2006 04:10 AM

I love Amina and her beauty and her willingness to make a point without causing harm to those idiots, but many of us have copyrighted items on our bodies. She's so hardcore, yet so humble

i have a frat tattoo, i have been blacklisted by them now(i don't exist, basically tongue ), the symbols and letters are copyrighted and I don't have any claim to wear them.
Should I have to cover or remove them? Ask for permission to wear them as an example of my past mistakes(SO many tied to this one tattoo)

Damn this is an interesting topic - i say it's your skin do what you want, just show some courtesy and ask before you plagarize

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