Can you copyright a tattoo?

[cowpoos]

the voices in my head mostly

no wonder your fat with poor personal hygine then....

[Postie]

yeah... rude though. But I thought Dermagraphics didn't do "re-makes" because when I was in there waiting for Sam's tattoo to be finished (which I designed too), a chick came in with a photo of someone else's ink... and the guy told her he only did originals...

this is true, I got my first tattoo at Dermagraphics which I designed (mostly) and they said that it would never be re-made on anyone else. They didn't take a photo and I am pretty sure i took the original with me. My second tattoo was based on a drawing in a book at a Tattoo parlour only I modified it to personalise it, again no photos were taken so unless someone has the same idea, it will be a one off.

[placidfemme]

Thanks for the link to the copyright site.... such a mission and that doesn't really stop people from doing it anyway

*is nearly done with the design for the new one*

[Str8 Jacket]

*is nearly done with the design for the new one*

Oh, whatcha getting done? You decided on a place for it yet?

[Macktheknife]

Pretty hard to enforce is the biggest problem with trying to copyright an image like this. Unless it is to be used for a trademark, or business purpose, it is bloody hard to achieve.
I would be putting some pressure on the person with the copy though and find out who did the work, then go and have a chat with the artist.
Best of luck anyway.

[placidfemme]

Oh, whatcha getting done? You decided on a place for it yet?

well, the angel on my back is a tribal type abstract angel. So when you look at it, you can see the form of the angel but it's weird...

here: http://ccc.domaindlx.com/placidfemme/other/tamy1.jpg

And because I have another tribal type design on my right arm... I'll be getting a chick on my left arm, sort of tribal like, from her waist up (topless... but still classy) and she has wings too which look sorta like flames (very hard to describe... but I'm not gonna post any pic's until its inked on ), and on her arm will be the tattoo that sam has on her arm... and then around my angel on the back is another tribal type design that will eventually work its way around/through the angel and towards both shoulders/arms.

Which will inable me to later build around it if I want to... maybe half sleeves, or the tribal can down my front similar to this: http://ccc.domaindlx.com/placidfemme/tat.jpg

It all sounds like a lot... and to many... too much... but until you see the finished product its hard to picture...

[placidfemme]

Pretty hard to enforce is the biggest problem with trying to copyright an image like this. Unless it is to be used for a trademark, or business purpose, it is bloody hard to achieve.
I would be putting some pressure on the person with the copy though and find out who did the work, then go and have a chat with the artist.
Best of luck anyway.

I thought about doing that last night... but I only bumped into the chick, and didn't talk to her for long, only long enough to notice the tattoo and ask her where she had it done, show her mine and thats about it... I wouldn't know how to contact her now...

[McJim]

I grew up in the world of Art (both parents artists) and international image copyright legislation came up from time to time. If the image is copyrighted (which is easy to do) you can only enforce the copyright where someone else has commercially exploited the image. If a tattoo artist copied your copyright image you could sue them if they got paid for the work but if 2 mates got together and the work was done for free without commercial gain I reckon you'd be onto plums.

A recent example was when Hallensteins used the pictures of Sculptures on T shirts. The case would have stuck coz Hallensteins were making commercial gain - think it got settled out of court tho'.

[placidfemme]

I grew up in the world of Art (both parents artists) and international image copyright legislation came up from time to time. If the image is copyrighted (which is easy to do) you can only enforce the copyright where someone else has commercially exploited the image. If a tattoo artist copied your copyright image you could sue them if they got paid for the work but if 2 mates got together and the work was done for free without commercial gain I reckon you'd be onto plums.

A recent example was when Hallensteins used the pictures of Sculptures on T shirts. The case would have stuck coz Hallensteins were making commercial gain - think it got settled out of court tho'.

so in short its not really worth the effort then kinda sad though

[sAsLEX]

A recent example was when Hallensteins used the pictures of Sculptures on T shirts. The case would have stuck coz Hallensteins were making commercial gain - think it got settled out of court tho'.

That was a wierd one, so can maoris (as they have ownership of a fair bit of NZ) stop people selling images of NZ on postcards?? As that was a sculpture in the public domain(literally) so surely you put it there and no longer own the IP of an image of it as it is a public space?

[Paul in NZ]

Look, DON"T take this the wrong way but..

Most graphic art is NOT unique. It tends to be influenced by trends in both design and changes in culture. ie - if 10 people had drawn a tattoo of an angel in the art deco period, all 10 would probably be easily identified as coming from that period. Every now and then an original design influences the trend and things change.

The current fashion was the 'tribal' one - you know it's nearly over because you can get 'tribal' decals for you bike.... ;-)

Art is also quite streamed, ie, people that paint in oils are influenced by oil painters so again, works of art in semilar media from a similar period will often have similarities.

So - In short, with this kind of art, which is usually derivative, it is more likely that 2 artist will produce remarkedly similar designs .... it may be innocent (ie saw it at a party and it just got burnt into her memory or anything like that who knows...) or it could be blatant a copy.

It meant something to you before you saw the copy, it should still mean something now. The original Mona Lisa is no less valuable because of the copies....

Paul N

[placidfemme]

Look, DON"T take this the wrong way but..

Most graphic art is NOT unique. It tends to be influenced by trends in both design and changes in culture. ie - if 10 people had drawn a tattoo of an angel in the art deco period, all 10 would probably be easily identified as coming from that period. Every now and then an original design influences the trend and things change.

The current fashion was the 'tribal' one - you know it's nearly over because you can get 'tribal' decals for you bike.... ;-)

Art is also quite streamed, ie, people that paint in oils are influenced by oil painters so again, works of art in semilar media from a similar period will often have similarities.

So - In short, with this kind of art, which is usually derivative, it is more likely that 2 artist will produce remarkedly similar designs .... it may be innocent (ie saw it at a party and it just got burnt into her memory or anything like that who knows...) or it could be blatant a copy.

It meant something to you before you saw the copy, it should still mean something now. The original Mona Lisa is no less valuable because of the copies....

Paul N

I fully understand what your saying... there isn't much "original" anything left these days...

It just upset me because it means so much to me... and it was very personal to me... I don't wear stuff that even shows that tattoo, because its not for other people, its for me. so it just bugged me big time... and now that someone else has the same tattoo, I want to change it so I know its the only one... well close to anyway

[Paul in NZ]

I fully understand what your saying... there isn't much "original" anything left these days...

It just upset me because it means so much to me... and it was very personal to me... I don't wear stuff that even shows that tattoo, because its not for other people, its for me. so it just bugged me big time... and now that someone else has the same tattoo, I want to change it so I know its the only one... well close to anyway

I feel that way about me bike.....

[McJim]

That was a wierd one, so can maoris (as they have ownership of a fair bit of NZ) stop people selling images of NZ on postcards?? As that was a sculpture in the public domain(literally) so surely you put it there and no longer own the IP of an image of it as it is a public space?

Interestingly put but I don't think so - in the case of landscape photography the art is not in the subject but in the image itself. Things like the composition, viewpoint, focus all come to bear - the subject matter is secondary except that is the subject matter's use that creates the art...or the postcard.
Nature itself cannot be art as the purpose of art is to reflect the perception of nature........

[sAsLEX]

Interestingly put but I don't think so - in the case of landscape photography the art is not in the subject but in the image itself. Things like the composition, viewpoint, focus all come to bear - the subject matter is secondary except that is the subject matter's use that creates the art...or the postcard.
Nature itself cannot be art as the purpose of art is to reflect the perception of nature........

Ok so I take a picture of the auckland skyline, dominated by that filthy big needle, can sky tower then stop me selling postcards ???