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Anotha day, anotha stolen piece of art...


Nachos Rule Your Soul

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Who's tattoo is that, anyway?

It doesn't matter whose body the tattoo is on. The artwork is the intellectual property of the artist who created it. By using it on a CD cover, the artist who "designed" the cover has infringed on the copyright of the original artist.

Now, in the case that the tattoo was designed by the person whose body the tattoo is on, the tattoo artist has no claim, but that doesn't seem to be the case here. The tattoo artist is the creator of the design.

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Who's tattoo is that, anyway?

It doesn't matter whose body the tattoo is on. The artwork is the intellectual property of the artist who created it. By using it on a CD cover, the artist who "designed" the cover has infringed on the copyright of the original artist.

Now, in the case that the tattoo was designed by the person whose body the tattoo is on, the tattoo artist has no claim, but that doesn't seem to be the case here. The tattoo artist is the creator of the design.

If you pay a tattoo artist to make a design and ink it on you, don't you own the design? Wouldn't you be able to sell or license it to anyone? Or would the artist essentially own a part of your body?

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Who's tattoo is that, anyway?

It doesn't matter whose body the tattoo is on. The artwork is the intellectual property of the artist who created it. By using it on a CD cover, the artist who "designed" the cover has infringed on the copyright of the original artist.

Now, in the case that the tattoo was designed by the person whose body the tattoo is on, the tattoo artist has no claim, but that doesn't seem to be the case here. The tattoo artist is the creator of the design.

If you pay a tattoo artist to make a design and ink it on you, don't you own the design? Wouldn't you be able to sell or license it to anyone? Or would the artist essentially own a part of your body?

Nope. You don't own it because you didn't design it. You are just advertising for the artist. If you drew the tattoo and it's original artwork, then it is yours to do with what you will; but if the tattoo artist drew it, it's his... unless of course he stole the artwork or purchased the rights to a piece of artwork.

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This time it's an album cover. Image appropriation is pretty standard practice in the punk rock community, but most of the time it's to create something entirely new and is generally accepted. This is just outright theft. There's no re-contextualization.

stolen.jpg

http://jimsylvia.com/blog/?p=1423

http://jimsylvia.com/blog/?p=1428

The guys hand tattoo'd was of the band The Secret Handshake, being into the Alt Rock scene (note, these are not punk bands really) The Secret Handshake have toured with Saves the Day before. So, the fact that logo magically ended up on a split EP, makes you wonder if the guy who got it tattoo'd could of had something to do with it too.

"Hey man that tattoo is sick.." "We could use that!.." ect.

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It doesn't matter whose body the tattoo is on. The artwork is the intellectual property of the artist who created it. By using it on a CD cover, the artist who "designed" the cover has infringed on the copyright of the original artist.

Now, in the case that the tattoo was designed by the person whose body the tattoo is on, the tattoo artist has no claim, but that doesn't seem to be the case here. The tattoo artist is the creator of the design.

If you pay a tattoo artist to make a design and ink it on you, don't you own the design? Wouldn't you be able to sell or license it to anyone? Or would the artist essentially own a part of your body?

Nope. You don't own it because you didn't design it. You are just advertising for the artist. If you drew the tattoo and it's original artwork, then it is yours to do with what you will; but if the tattoo artist drew it, it's his... unless of course he stole the artwork or purchased the rights to a piece of artwork.

This actually just came up recently in the news. Mike Tyson's face tattoo designer sued the companies behind the Hangover 2 seeking damages and an injunction on the release of the movie. The tattoo artist resides in MO and the case was filed in STL. I don't remember how it turned out unfortunately, or if it's been decided yet. All I know is that the injunction preventing the release of the movie was not granted.

Now, the other side to that lawsuit will be whether the Hangover was okay because it was a spoof, something that would not be a factor in the case above.

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Hmm maybe people should get their tattoo artists to grant a release on their own ink to avoid this kind of crap... something like the tattoo artist maintaining rights to it, but the person tattooed also having the rights to use the artwork as he/she sees fit. While I agree that it's the artist's intellectual property, I think someone who was willing to pay to have it tattooed permanently on their body probably believes that it is theirs, and for obvious reason...

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It doesn't matter whose body the tattoo is on. The artwork is the intellectual property of the artist who created it. By using it on a CD cover, the artist who "designed" the cover has infringed on the copyright of the original artist.

Now, in the case that the tattoo was designed by the person whose body the tattoo is on, the tattoo artist has no claim, but that doesn't seem to be the case here. The tattoo artist is the creator of the design.

If you pay a tattoo artist to make a design and ink it on you, don't you own the design? Wouldn't you be able to sell or license it to anyone? Or would the artist essentially own a part of your body?

Nope. You don't own it because you didn't design it. You are just advertising for the artist. If you drew the tattoo and it's original artwork, then it is yours to do with what you will; but if the tattoo artist drew it, it's his... unless of course he stole the artwork or purchased the rights to a piece of artwork.

I have a bit of a problem with this. IMO, it should be co-owned.

Obviously, just because I got a tat, I shouldn't get distribution rights.

But at the same time, if I pay an artist to design something special, he shouldn't get to keep exclusive rights to put the same tattoo on others or start selling t-shirts of the tattoo I paid him to create.

IMO, distribution of a tattoo image should require the approval of both the artist and the purchaser or the tattoo.

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