(no subject)

[taerowyn]

So, I have a question. It's mainly for mezdeathhead but anybody can contribute. Is it common for artists to request/demand that their art not be used for tatoos?

Stumbled across an online discussion where a husband and wife team (wife as author, husband as illustrator) basically said don't use the art for tatoos because a) it becomes part of the tatoo artists "flash book" (and I'm probably butchering the terminology there) that gets passed around to other artists and, this being my favorite reasoning, b) they didn't want somebody on death row for murdering 20 children having their oh-so sweet, kind and good characters emblazoned across his chest.

Is this a legitimate claim or is my gut reaction of "Oh, come ON!" founded?

Comments

[capacitance.livejournal.com]

I'm kind of in the "OH Come on!!" camp myself. First of all, I can understand their feeling of ownership towards their work and not wanting to see it in a tattoo artists portfolio. But, if some phycho on deathrow has their sweet n' innocent creation carved into his chest...well, that's just the danger of being an illustrator cause, something tells me that deathrowboy would have the tat anyway, whether these people like it or not.
Plus, that's being stereotypical of people with tattoos anyway, these people are buying into the stereo-type that all of us tattooed types are morally bankrupt child killers and that's not okay with me.
So, I'd tell these people to shut the hell up and feel thankful that anyone appriciates their art whatsoever...

[taerowyn.livejournal.com]

So basically, even overlooking the stupid stereotyping of argument b (which I found...well stupid), the "copyright" kind of argument doesn't hold up either? It's more of a "please respect our wishes" as opposed to a "No! Bad! Wrong!" kind of deal...cause that I could kind of see.

But, like you said, "that's just the danger of being an illustrator," and they should "feel thankful that anyone appriciates their art whatsoever..."

[capacitance.livejournal.com]

I'm not sure how copyright laws pertain to a situation like this. Mez would probably know more about that angle than I would. I think it probably boils down to the "please respect our wishes" thing

[kittygomeowr.livejournal.com]

heh and what happens if they are found in violation of copyright... it's a tattoo....

[taerowyn.livejournal.com]

Exactly! I mean it's not like they're going to confiscate it or something, cause EW!

[kittygomeowr.livejournal.com]

lol... it'd make interesting case law for sure!
it'd probably turn out that the suing party might win and the penalty for the losing party would be that they have to pay for laser to get it removed...

[lucky-groom.livejournal.com]

I could understand them not wanting the tattoo artist keeping their work. The couple of times I've been tattoo'ed (tattoo'd?) I brought in original work and the guys offered to give it back after they copy it for the body stencil they make.

I put it in the "Oh, come on!" category. Even if I do use their work how are they going to know.

[ronebofh.livejournal.com]

If i were a tattoo artist, i would not use a copyrighted image without permission, because i'd be making money off someone else's creation.

Now, if these people don't want to use THEIR OWN art for tattoos because it would get "passed around" and it could end up on Charles Manson's arm, well... whatever. Everyone has a right to be a loon.

[schwa242.livejournal.com]

It's pretty common to use copyrighted art and trademarked characters... I have three trademarked characters myself, though the flash images were technically drawn by me. I know if you didn't tattoo copyrighted images, you would lose a LOT of your clientele.

I do tire of seeing flash hanging on walls that has stolen artwork. Instead of selling to one person who has specifically asked for a specific image placed on their skin, flash dealers are peddling multiple copies of plagiarized works, which the original artist isn't getting compensated for.

-- Schwa ---

Now, I would see a problem getting an artist's work tattooed without his permission if that artist was a tattoo artist himself.

[schwa242.livejournal.com]

a) it becomes part of the tatoo artists "flash book" (and I'm probably butchering the terminology there) that gets passed around to other artists and, this being my favorite reasoning,

"Portfolio" is the word you're looking for. Flash is just the pre-drawn images hanging on the walls, or the image you draw yourself for transfer on to the skin as a guide.

I don't understand their reasoning here. Are they fearing that tattoo artists would pass off the original image (not the tattooed one) as their own?

b) they didn't want somebody on death row for murdering 20 children having their oh-so sweet, kind and good characters emblazoned across his chest.

Boo fucking goddamn hoo. Way for them to buy into stereotypes.

-- Schwa ---

So who is this couple whose art is so damned important?

[taerowyn.livejournal.com]

It's Mercedes Lackey and her husband Larry Dixon...here's the actual answer to the simple question, "Can I use some art of Larry's for a tattoo?"

While I understand why someone might want a tattoo of Larry's or Jody's artwork, I'm sorry to tell you that we don't want that done. This is because once a tattoo artist does a piece, he adds it to his "flash" book, and it starts getting passed around to other tattoo artists, and people start wearing it who have no idea where it came from or what it means. Folks, I really don't want to find out that some guy who killed 20 nuns is walking around the Federal Pen with Amberdrake or Elspeth and Gwena on his back, OK?

[mezdeathhead.livejournal.com]

wow, those people have no idea what they're talking about. first of all, the picture (if i even thought it was that special) would only go in my portfolio. that's a collection of photos i take of my best work to show to my customers when they want to see how good i am. secondly, it wouldn't get "passed around to other tattoo artists," in fact it would never leave my possession EVER. thirdly, people RARELY choose an image they want out of a portfolio. as in, i've maybe had that happen to me three times since i started tattooing 6 years ago. they usually come to the shop with their own images, or at least have something in mind that they're looking for.

and the cherry on top? that stereotype needs a break. i tattoo school teachers and brain surgeons and county sheriffs and professional dancers (not even just the stripping kind). smart, well to do, wealthy, normal people are getting tattooed these days, surprise! it ain't just for sailors and hussies no more!

that mentality makes my stomach churn.

[taerowyn.livejournal.com]

I ended up finding this cause I was doing a bit of research (procrastination) for another of their fans. Kind of wish I hadn't cause this wasn't the only case of "Oh, come ON!" I had when reading some of their stuff and it's kind of souring me on her as an author. I'll just have to separate the author from her books...try to enjoy despite the fact that I find her personally a little questionable.

[mezdeathhead.livejournal.com]

if the copyright laws CAN be applied to tattoos, it would be practically impossible to enforce them. the most common tattoo in america at this point is the tazmanian devil, and to the best of my knowledge, he's copyrighted.

here's some reasons why it doesn't work.

if someone comes to the shop with an image in hand that they want tattooed on them, it is impossible for us to know where it came from. chances are that i haven't seen every single image there is to see, so i wouldn't necessarily recognize it, either. or, they could even lie to me (this has happened before) and tell me it's their own art. or that famous artist is their cousin.

after a while, you just have to stop caring about it. it's not up to us to babysit these people and find out whether each of them are telling the truth or not. and i've yet to find one single tattoo artist that would refuse to tattoo copyrighted material on the basis that they would never make enough money to survive.

the only time i would refuse to copy a piece of art, is if someone brings in a photo of someone else's TATTOO. i will offer to draw them something similar, and i'll explain to them why. because i don't know if it was custom-drawn for the individual wearing it, i won't do it. i would be awfully pissed off if my tattoo artist said he drew a piece just for me and saw someone walkin' down the street with MY TATTOO on them. it's respect. when i design a custom piece for someone, i GIVE THEM the drawing after the tattoo is on them, just so they know that i won't be putting it on someone else.

this is getting long, but you asked. ;)

i guess i understand where some people would be coming from. i could see that they just don't believe in tattoos for whatever reason, and would prefer that people didn't get their images tattooed on them. but they need to realize that it's probably going to happen anyway. that guy that wrote and asked probably got it done anyway. or someone else did. and there's really no way to know.

so yeah, a legitimate WHINE maybe, but "oh, come ON!" definately wins.

[taerowyn.livejournal.com]

Thank you...I feel all validated and such.