Drawing in Permanent Ink: Copyright Law and Tattoos
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Drawing in Permanent Ink: Copyright Law and Tattoos



Presentation from Gikii2 in November 2007 with background paper at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=815116

Presentation from Gikii2 in November 2007 with background paper at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=815116



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Drawing in Permanent Ink: Copyright Law and Tattoos Drawing in Permanent Ink: Copyright Law and Tattoos Presentation Transcript

  • Drawing in Permanent Ink Gikii Returns, London, 2007
  • Warning: Nudity and gore This is EXTREME IP after all...
  • Not this geek...
  • geek | ēk||gik| |giːk| g noun informal 1 an unfashionable or socially inept person. [with adj. ] a person with an eccentric devotion to a particular interest : a computer geek. 2 a carnival performer who does wild or disgusting acts.
  • Show me a man with a tattoo and I'll show you a man with an interesting past. -Jack London
  • ©
  • “Attempting to bring lawyers in always makes things worse. They are the Harpies, they shit on everything they feed on. N o on e in th eir r igh t m in d would ever tr y to br in g la wyer s in to th e ta ttoo wor ld, es pecia lly n ot for s om eth in g a s tr ivia l a s th is . They will look for those who want to celebrate their status as victims, and those of us who want to live lives of creativity will suffer.”
  • Some ink...
  • “This is copyright!”
  • ©? “original work fixed in a tangible medium of expression”
  • ownership?
  • Settled out of court
  • Ownership possibilities • The tattoo client • The tattoo artist • The tattoo parlour owner • Third parties with a copyright over the work • (a combo of the above)
  • 1. Client - enough for a copyright in the work? 2. Client/Artist - employer/employee or work for hire?
  • 2. Artist - “sweat of the brow”?
  • 2. Artist - carbon copyist or transformative work? (similar to digitisation of public domain art)
  • 4. Tattoo parlours • Most artists are independent contractors • Very fact specific • If employer, then owns any copyright created by artist
  • Third party copyright
  • Implied licences
  • Implied licences • Right to alter the tattoo -- derivative works on the skin • Photograph/video of the tattoo -- other derivative uses • Right to publicly display • ___ • Any right to unique custom work by the client?
  • Industry recommendations
  • Contract recommendations • Custom work - assignment or licence • Other work - assignment or licence of any copyright that artist may have • Indeminification by client for the artist for any supplied work • Reservation or licence-back of right for artist to use photos of the work • Client agrees to credit the artist in commercial photos
  • Other questions
  • Moral Rights Attribution - Yokohama Tattoo Museum and Tokyo Medical School • Derogatory treatment - tattoo cover ups / touch ups?
  • R b . G r o n in g e n , 3 1 Ma y 2 0 0 2 , L J N AE 3 7 2 7 (N eth er la n ds ) orders tattoo removal based on portrait rights
  • Avoidance Fair use / fair dealing / private copying / three step test • very fact specific • Human rights • ECHR vs. the United States
  • Other IPRs...
  • • Traditional Knowledge • Personality rights • Privacy rights • Trademark
  • Concluding thoughts
  • Celebrities
  • Thanks! Jordan S. Hatcher jordan@opencontentlawyer.com
  • Nessie from the Family Ness http://www.familyness.co.uk/ http://modblog.bmezine.com/2007/06/22/cartoon-loch-ness-monster-tattoo/ Gangsta backpiece http://modblog.bmezine.com/2007/07/14/gangster-portraiture-tattoo/ Snoop http://modblog.bmezine.com/2007/07/17/snoop-dogg-portrait-tattoo/ This is sparta http://modblog.bmezine.com/2007/08/11/this-really-is-sparta/ pacman ass http://modblog.bmezine.com/2005/11/21/pacman-maze-ass/ pacman feet http://modblog.bmezine.com/2007/08/11/laa-laas-pac-man-tattoo/ coors http://modblog.bmezine.com/2007/08/20/dude-likes-his-beer/ Tetris http://modblog.bmezine.com/2007/09/14/tetris-tattoo/
  • Three amigos http://modblog.bmezine.com/2007/09/13/the-three-amigos/ Dusty Bottoms (Chase) Lucky Day (Steve Martin) and Ned Nederlander (Martin Short) Koi armpiece http://modblog.bmezine.com/2007/09/09/bright-coloured-coverup/ brains http://modblog.bmezine.com/2007/09/07/jeff-soto-inspired-coverup/ Jeff Soto cover http://www.jeffsoto.com/ tattoo removal http://modblog.bmezine.com/2007/08/30/as-seen-at-live-free-or-die-manchester/ don't panic http://modblog.bmezine.com/2007/08/28/dont-panic-foot-script/ Never looking back http://modblog.bmezine.com/2006/05/17/note-to-self-2/
  • hit mehttp://modblog.bmezine.com/2006/05/17/note-to-self-2/ adrenalynn richardsonhttp://modblog.bmezine.com/2007/08/28/me-on-him/ bomber sleevehttp://modblog.bmezine.com/2007/08/25/bomber-sleeve-rotation/ don quixote by picassohttp://modblog.bmezine.com/2007/08/25/don-quixote-by-picasso-tattoo/ Spider man sleeve http://modblog.bmezine.com/2007/08/24/spider-man-sleeve/ chest censoredhttp://modblog.bmezine.com/2007/08/18/chest-censored/ Elephant Rib Panle http://modblog.bmezine.com/2007/08/12/elephant-rib-panel/ superbrighthttp://modblog.bmezine.com/2007/08/10/thats-some-bright-work/
  • +CiRcUs+highwaygirl67http://flickr.com/photos/highwaygirl67/1306590393/by-nc-nd star tat armhttp://www.bmeink.com/A70831/high/bmepb601990.jpg
  • Thanks! Jordan S. Hatcher Jordan at opencontentlawyer dot com