Court Ordered Tattoo Removal © Materials

[Garr]

http://www.tattoohealth.org/blog/2007/1 ... _remo.html

This brings up a very interesting question. Do you think that the courts should be able to mandate the removal of copyrighted materials? I don't think so.

I think that the responsibility lies in the tattoo artist's hands. Just like Kinko's isn't supposed to let you make photocopies of copyrighted materials, tattoo artists should refrain from tattooing copyrighted materials **if it goes to sanction**

Personally, I don't see it as a violation of the copyright and I'd be interested in reading more about the argument the article makes regarding the "fair use" clause of copyright law.

[HillgrassBluebillyFTW]

Good topic.

As a "moderately" tattooed person, I've never thought about this.

I suppose my Star Wars tattoo is in violation.

I agree with Garr that it should be up to the artist to know if it's copyrighted or not.

They mentioned the "fair use" act... anyone know what exactly that is?

[Garr]

Wikipedia says: http://en.wikipedia.org/wiki/Fair_use

United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

[deek]

From my understanding, fair use allows people to use and copy copyrighted material for personal use. Several years ago, I thought that as long as you weren't distributing such material or making money off of it, it was okay to share a limited amount of the work...

With tattooes, I think the shop is liable, because they are distributing AND making money off of other's work, without any sort of agreement from the original author. Now, do I think the courts should be able to force removal? No. But they should be able to levy fines or whatnot on the shops distributing them, as I think that would be infringement of rights... It could lead to different shops licensing other's works...but who knows?

Now, if I tattooed something on myself, I would think that would be covered under fair use.

[Jeff]

..

[jschall84]

i guess i always looked at it as free advertising?

[deek]

i guess i always looked at it as free advertising?

But that's the same thing as saying its free advertising if I take a local band's music, burn it on CD and sell it without their consent. Some may be fine with that, others will want the control, but most will want some kind of a cut...

Same thing with a tattoo artist. He didn't create the original art, he is just passing it along and getting money for it...

[MrSpall]

i guess i always looked at it as free advertising?

But that's the same thing as saying its free advertising if I take a local band's music, burn it on CD and sell it without their consent. Some may be fine with that, others will want the control, but most will want some kind of a cut...

Same thing with a tattoo artist. He didn't create the original art, he is just passing it along and getting money for it...

Actually I think the example you've given is an entirely different scenario. If you do the burnt CD, you're essentially stealing the end result of someone's works. If I get Tweety Bird tattooed on my bicep, that's merely stealing an image. I'm not getting an entire animated work on there.

[MrSpall]

What bothers me is that this is an issue of free speech. If I got My Little Pony on my arm, that's a statement I'm making about myself (presumably this is where Al would insert a picture of rainbows and unicorns).

If two patrons of a bar sit at the bar, drinking beer from the bar, arguing over the ending of Magnolia, who gives Paul Thomas Anderson his cut? Who pays for that copyright infringement? No one - because people are allowed to express opinions without consulting a copyright attorney first. Hell, I just referenced Magnolia on this board, people advertise on this board, so presumably there is money transferred somewhere here, is this copyright infringement?

Chris - I suppose you should start writing checks to everyone that's ever been mentioned here.

Sorry for the rant - I guess I don't think that tattoo removal should be legislated by copyright.

[deek]

MrSpall, I think you missed my point with the tattoo shop. You getting that Tweety Bird or My Little Pony tat is not my issue...is the shop using those "icons" as a means to make their money. Honestly, I bet if there was some shop that focused entirely on Disney characters, promoted the heck out of it, advertised all over the place, there would be some legal recourse Disney would take...and I think that is what copyright is protecting.

Now if the shop did one Mickey Mouse tattoo, I doubt anyone is going to spend the time or effort to fight it out...

Again, my stance is NOT tattoo removal be legislated, not by any means. But, I do think there should be some sort of measure in place so tattoo shops aren't able to steal other people's work, even if it is Tweety Bird. Someone owns the rights to that image...right?

[Oliver's Army]

IF the tat shop actively promoted "come get your Disney tats here" there might be a problem.

If someone comes to them and asks for a tweety tat, that should not be a problem.

Think about the millions of logos, characters and icons that have become tats over the years

Disney, Nike et al will only have an issue when they can prove that they are losing money,
i.e. they offer logo tats and these shops are taking their business.

[deek]

Oliver, yeah, I suppose you're right...its more of the company losing money than the shop making money...granted, I'm sure if the shop was making an inordinate amount of money (hypothetical, of course), that could change a company's outlook on pursuing some sort of infringement penalties...

[sevesd93]

Disney should open up a tattoo shop that would tattoo disney characters onto small children's faces...

[echosauce1]

I sure as hell hope so! Thank God my tax dollars could finally go to something worthwhile!