By Deb Yarian
Almost daily, people come in to my shop with drawings or illustrations that they want tattooed on them.
More times than not they get them on line- Pinterest or another source, without a clue as to who the original artist is.
Now I am not speaking of a photo of an existing tattoo done by a known to you, or unknown to you tattoo artist.
My question is – as a tattooer, is it my responsibility to search for the artist, contact them and ask for their permission to do a tattoo based on or directly from their artwork?
I ask this question because i’ve read a few blogs and articles on the subject of plagiarism recently regarding tattoos, and it started affecting how I do business…
Case in point- a girl came in to my shop to make an appointment- she has with her a line drawing of flowers surrounded by Victorian scrollwork. It’s a lovely design that I would enjoy tattooing. I ask her if she drew it? To which she replies, “No, I found it on Pinterest.” So I delve deeper. I ask if there was a signature or credit given to an artist? Was she able to track back to an original post? But she had no idea who drew it, if it was drawn to be tattooed (which it looks like) which would lead me to believe that it was drawn by a tattooer.
Now, I have in my mind that to tattoo this image as is, would be plagiarism. So I say to the girl “I can draw something similar to this drawing, something original for you.” To which she replies, “No, I like the drawing I brought to you, I want the tattoo to look exactly like the drawing that I brought to you!”
So do I or don’t I tattoo the image?
Do I refuse to tattoo images that are of unknown origin to me?
Do I seek permission of known artists, in order to do tattoos of their illustrations?
Is it a lesser offense to do tattoos from the designs or illustrations of non- tattooers than it is from the designs or illustrations of tattoo artists?
I consider myself a shop tattooer, a draftsman- though I often draw “custom” tattoo designs for people, this is something that has developed over the past 10 or 20 years. Prior to that I tattooed mainly flash, or derivations of flash, and designs that people brought to me – which I may have had to alter to make more tattooable.
But over the years , which tattooist hasn’t tattooed an image of Disney’s or Merrie Melodie’s? Or of Frazetta or Boris?
What about a tattoo from one of Gil Elvgren’s or Vargas’s or Olivia’s pin up illustrations?
Perhaps it’s ok if the artist, whose design you want to do as a tattoo is no longer living, like Michaelangelo, DaVinci, Maxfield Parish, Mucha, Freida Kahlo – just a few of the hundreds of artists- whose work I’ve seen as tattoos?
Is it okay if I go to the library or purchase a book and tattoo an image from the book? Copyright laws clearly state otherwise.
With millions of images accessible on line. How do you decide or police ownership of an image that you can use as a tattoo?
But I am speaking ethically, not legally.
Obviously there is no one, clear cut answer. Like with any rule, people will arbitrarily decide when it should be used, when to appy it and under what circumstances they’ll ignore it or bend it. I guess we’ll each make a decision when the time comes and we’ll each have an opinion of one another based on the decisions we make.
By Marisa Kakoulas
Reblogged from: http://www.needlesandsins.com
Video screen capture above from Yahoo Fantasy Sports: Colin Kaerpernick Ink.
Last week, Forbes published an article entitled “Questions Concerning Copyright Of Athlete Tattoos Has Companies Scrambling.” It’s amazing for me to watch the evolution of the tattoo copyright concept because, when I started writing about it in 2003, people kind of laughed at it: some fellow lawyers told me that tattoos would never get copyright protection and tattooers told me to keep my dirty legal paws off the art form. Not many people took it seriously. Ten years later, people are definitely paying attention, particularly companies and organizations who may risk law suits from tattooers when they wrongfully appropriate a custom tattoo design. And that’s what this Forbes article is about in relation to the National Football League and companies that make money off of athletes outside the field.
“According to sources speaking to FORBES on condition of anonymity, the issue of copyright ownership concerning tattoos on football players has very recently been labeled as a pressing issue by the NFL Players Association. One source said, “I don’t blame [the NFLPA], but they should have been on top of it earlier. It was something that was mentioned at the NFL Combine — that was the first I had ever heard them mention anything on the issue of tattoos. They advised agents to tell their players that when they get tattoos going forward they should get a release from the tattoo artist and if they can track down their former artists, they should get a release.”
Getting a release means that the tattoo artist gives up his/her rights to the custom tattoo work (notice, I’m not talking about tattoo flash, which is another issue altogether). Many artists I know would have no problem with this: some may believe that the press generated from the tattoo may bring in more business, some just like seeing their artwork being shown to a wide audience, and others really don’t care what happens with the tattoo when it walks out the studio door.
Lately there has been concern about bloggers taking artists’ pictures without permission. I have been paying strict attention to this. When Frank worked for me at Depot Town there was one blogger, in particular, who was taking some of his images from Facebook and using it in his blog. (I won’t name this particular blog because this isn’t the important part.) Now, there are a few more out there since then… (more…)