Results tagged “Copyright”

Apr201403
06:54 PM
kakoulas tattoo copyright.jpg
In the latest edition of the UK's Total Tattoo Magazine (May 2014), you'll find my "Who Owns Your Tattoo?" article, this time looking at the issue through the UK's Copyright, Designs and Patents Act 1988 (CDPA). The title may evoke thoughts of some dystopian universe where evil tattooist overlords dictate what people do with their bodies; however, the article is really about when tattoos are used for a purpose other than being worn proudly. It's not too long and touches on only basic points, but the goal is to get people thinking about these concepts.

I'm also not that familiar with the CDPA, so I contacted an expert, Catherine Jasserand, PhD researcher at the University of Groningen in The Netherlands, to ask her her thoughts on copyright as it relates to custom tattoo designs. I posed this question to her:   "If a customer comes to a tattoo studio with an idea but not a design, and the tattoo artist creates an original work for the customer and then tattoos it, who would own the design (if there is no agreement between them)? The artist? The client? Both of them?"

Catherine shared these thoughts for the article:

"An idea in itself is not protectable. If the client gives very vague instructions, then it is doubtful that he or she could be considered as a joint author. However, if client is contributing to the tattoo and decides on important elements such as the composition, shape and so on, I believe it could be argued that the client and tattoo artist could share authorship. In the end, what is important is to question the level of freedom that the tattoo artist has in the execution of the 'design' and which level of creativity is she using."
Jasserand also noted that, even if the client pays the tattoo artist, the payment does not mean that copyright on the tattoo is automatically transferred to the client. According to the Intellectual Property Office, the official government body responsible for granting Intellectual Property (IP) rights in the UK, "When you ask or commission another person or organisation to create a copyright work for you, the first legal owner of copyright is the person or organisation that created the work and not you the commissioner, unless you otherwise agree it in writing."

For the full article, pick up Total Tattoo (which you can also find on US newsstands) or download a digital copy.

Outside of the article, Catherine and I also chatted a bit about common copyright issues relating to tattoos on continental Europe, so hopefully I'll get to further explore that sometime soon.

For more on my writing on tattoo copyright in the US check these links:
May201104
10:14 AM
hangover tattoo.jpg
Looks like The Hangover 2 continues to suffer some bad tattoo juju. First, the controversy surrounding who would play the small role of tattoo artist in the film. And now, the tattoo design itself.

Victor Whitmill, who did Mike Tyson's infamous facial tattoo in 2003, is suing Warner Bros. for copyright infringement in pirating his tattoo design "without attempting to contact [him], obtain his permission, or credit his creation"; he seeks damages and an injunction to stop the use of the tattoo in the film--which is essentially a big part of the movie. In The Hangover 2, a bachelor party once again leaves our wacky heroes with no clue of what happened the night before, except for a facial tattoo on the groom Stu (Ed Helms). There's also a monkey. See the trailer below.
 


Looks pretty funny but the legal claims are quite serious. [Download the complaint here.]

Tattoos. Copyright.
The media is loving it. But in so many discussions of the case, there's a great deal of misinformation, so I'd like to break it down as best as I can.

First, when I wrote "The Tattoo Copyright Controversy for BMEzine in 2003, I approached it like a law school hypothetical; that is, I played with how intellectual property rules would apply in various potential disputes involving the ownership of a custom tattoo design. It was hypothetical because, at the time, no actual cases on record could be found specifically addressing this issue. Well, a lot has changed since 2003. Tattoo artists have sued companies for infringement and a number have received large settlements. Even collectors, like model & photographer Amina Munster [NSFW], have registered their tattoos with the US Copyright Office to discourage other collectors from copying.

The basics behind "The Tattoo Copyright Controversy still hold in addressing what exactly is copyright and its relation to tattoos. A couple of years later, I updated the article for Rankmytattoos.com and continued to post developments on my old Needled.com blog. So click these article links for more of a general discussion.

In this post, I'm going to break down the tattoo copyright issues in relation to Whitmill v. Warner Bros. Entertainment Inc., (E.D. Missouri), what I'll call:

The Mike Tyson Tattoo Copyright Case 101...
CONTINUE READING....
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EDITOR IN CHIEF:
Marisa Kakoulas
CONTRIBUTORS:
Miguel Collins
Craig Dershowitz
Brian Grosz
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