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WANT TO STEAL THIS TATTOO? DON’T THINK SO!
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by
View
April 6 - 12, 2006 |
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What happens when your custom tattoo goes from being a limited
edition of one to being replicated by total strangers? Fed up
seeing their original work copied, sometimes down to the exact
design and placement, the so–inked are fighting back. But with
legal documents, not brass knuckles.
Recently, punk rock pin–up Amina Munster was awarded the
first ever US copyright for her signature chest–piece—a custom
designed skull motif with the cryptic “Dead Men Tell No Tales”
emblazoned across it. What inspired her? Seeing her work on
someone else, flagrantly displayed by another artist as his own.
After receiving a brush off instead of an apology, she decided she
needed amped up protection for her ink, a highly personal piece
that also defines her in her work as a model.
While there’s been much support for Munster’s actions,
many in the modified community see her copyright as
overreacting to a non–issue. Tattoos, and tattoo culture, have
often resided on society’s backside and many feel that involving
the long arm of the law is antithetical to their whole credo. Some
believe that those outside of the mainstream have their own way
of sorting the issue out (such as karma or a good ass kicking).
Others feel that since many tattoos share similar themes, it’s hard
to determine what’s original and what’s a nicked idea. But for
those who’ve had custom work done, seeing their tattoo on
someone else can be a shock, regardless of how fine the line
between inspiration and theft.
“Some people say, “What’s the big deal?” but if you haven’t
experienced it, it may be hard to understand,” explains Marisa
DiMattia, a New York lawyer who’s not just tattooed but also
married to an ink–slinger. In addition to her Legal Link column on
the world renowned BME site, she also runs Needled.com, a
resource which details tattooing’s cultural merits. “Custom
tattoos are very personal. They mark important moments in
people’s lives. They symbolize our struggles and achievements.
Having a tattoo stolen can be a difficult experience to reconcile,”
she says. “Like someone breaking into your house and stealing
your old photo albums. It’s not the end of the world, but it hurts
nonetheless.”
Many point to the Internet as the reason tattoo plagiarism is
on the rise. While online portfolios can provide widespread
exposure for new techniques and styles, it also makes it easy for
less innovative artists to copy existing work, turning a one–of–a–
kind piece into common flash with a single click. Unlike graphic
designers and other artists who can go after blatant theft,
tattooists have little recourse when their work is pinched.
Copyrighting their designs is one way to acknowledge that even
the art world’s underside has original merit.
Admittedly, making it legally enforceable to protect such
designs does tip the last vestiges of tattooing’s cool into the
mainstream, one possible reason for opposition from the body
mod community. But even if copyrighting skin art does become
de rigueur, the chances of lawyers getting involved beyond a
stern letter are pretty slim. DiMattia’s eager to see a case come
before the courts, but says going that route is often more
expensive than it’s worth. “The costs of going after a tattooist and
client who ripped off your work can be prohibitive,” she explains.
“And there’s no guarantee that you’ll win, so it’s tough.”
In addition to the financial barriers, copyright law in this
area has yet to be defined in the US, or anywhere for that matter.
So far, only two similar cases have come up, one settled out of
court and the other revolves around whether a prominent sports
icon needs to pay artistic royalties for use of his tattoo in an ad
campaign. However, these instances both involve licensing issues
rather than creative theft, and more importantly, they can be
decided with cash. When it comes to duplicated tattoos on the
general public, how would a judge award damages? Court
mandated laser removal?
Despite the hazy future for tattoo copyrights, proponents
feel it’s a good way of sorting out the wheat from the chaff. They
contend that this sort of plagiarism not only affects the wearer of
the tattoo but also the artist’s ability to do business. Someone
seeking out an original design may end up under the gun of
someone whose only creative streak involves a stencil and
someone else’s ideas. At the very least, they hope that the lurking
threat of legal action will give pause to those considering
someone else’s artwork.
Is copyrighting the answer to tattoo theft? Maybe. Could
those inking pirated tattoos use a stricter code of ethics? For sure.
But the best solution lies with those wishing to get marked for
life: a little education and research go a long way towards getting
a unique piece that is beyond questions of authenticity, or legal
ramifications. “(Custom work) can be quite beautiful and
meaningful,” DiMattia emphasizes. “There’s no need to get
another’s tattoo.” V
[SARAH VEALE]
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