Question:
I found a drawing by Edward Gorey I would like to use for a tattoo. I feel
compelled to ask for permission before using it.
Has anyone else ever sought permission to use a design for a tattoo?
Answer:
- I am going to weigh in on this, mainly because I make my living as a
copyright specialist, so do have some expertise in this area. I will
preface my remarks by stating that this is *NOT* legal advice, merely
information about copyright law and its possible implications. These
comments also only apply to U.S. law, not the laws of any other nation.
It is the right of the copyright owner (initially the author or artist) to:
a) reproduce the copyrighted work
b) to prepare a derivative work based on the copyrighted work
There are also other rights, mainly having to do with distribution,
display and, for some types of works, public performance. These rights
are codified in Title 17, United States Code, section 106.
So, technically, reproducing an artist's work as a tattoo is probably a
copyright infringement. As a practical matter, are artists a) going to
find out about it, and b) if they do find out, will they literally
want to make a federal case out of it? Probably not; it just wouldn't
be worth it for them.
But, if they decided to get upset about it, they could bring an
infringement action against someone. If the plaintiff prevailed, damages
could range anywhere from the actual damages (burden would be on the
plaintiff to demonstrate the monetary damages) to statutory damages of up
to $20,000.00, *PLUS* attorney's fees. If they really wanted to be
aggressive, they could also ask that you be required to remove the tattoo.
I'm not saying that any of this would happen; in fact I think it's pretty
unlikely that today's crowded courts would entertain many such suits.
But just because an action is not so egredious to warrant a federal law
suit (i.e., just because you can get away with it), doesn't make it
right. I would point out that an artist's creative efforts are a
property right, just like you own your home or your car, and
misappropriation of someone's property should not be taken lightly, no
matter how seemingly harmless. One should not presume that an artist
should be flattered that you thought enough of his/her work to reproduce
it on your body.
I didn't want to sound too stern in this post, but wanted people to be
aware of the issues involved, and to give serious thought about using
someone else's intellectual property.
- I just did this, actually, though the person was probably a
little more accessible to me....
Univ. of Guelph has an annual "Fair November" artisans show. One of the
artisans makes sculptured wire jewelry, some of her work is in the
National Gallery of Canada, apparently. I've got several pairs of her
earrings over the last 6 - 7 years, and they're some of the very few I
actually still swap around with my CBRs. Anyway, I asked her this
weekend what she would think of one of her designs being copied into a
tattoo, since the idea had occurred to me after I bought the latest pair
(and I LOST one already, BOY am I mad at myself). Just doing it without
her blessing was out of the question, somehow, though I'm sure such
things are done all the time.
I was kinda nervous about asking, for some reason - I thought she might
take it well, or, if she weren't the type to think well of tattoos, it
might really offend her. Well, luck was, she was quite positive - seemed
a little surprised, then really flattered that someone would consider
that. She wants me to send her a picture if I get it done!
I was lucky enough to be close enough to chat with her, of course. From
what I've read of Edward Gorey, he seems like the type that might
approve, but I've heard he's a bit of a hermit, too. My feeling is,
though, that while I'm sure any design _could_ be copied to a tattoo, it
means so much more to have an artist's OK on it.
- I have thought to ask permission before using a design, but the
solution was to alter it a bit... so it is similar, but more based upon
the original than the original itself.
I know people who have very accurate reproductions of various
illustrations who have not asked permission. Not sure of copyright as it
applies to tattoos. I do remember reading that it costs something like
$50 per image. I think that was even on a Gorey related Web page...
And would the man himself really object to such a thing?
Or would it be a publishing company thing??
By the way, which drawing?
- i've a tat of a frank stella painting, as realistic as the tat artist
could do it, but considerably smaller than the origenal
i've had no compulsion to ask stella's permission for copying his art,
however i'm pretty scrupulous about saying that 'its of a frank stella
painting...' if anyone asks
its fine, as long as you don't pass it off as your or your tattoo
artist's design (though i am pleased that Terry's Tattoo parlour
in glasgow did such good work)
perhapse a note to the artist saying what you've done would be nice -
i don't think there is even a moral obligation to contact the artist
if i was putting a piece of artwork on a web page, i would at least
give credit to any origenal artwork i appropriated - however, a wee
plaque on your arm saying 'by A.N.Artist' is not such a good idea
- Since I posted my original query about the Gorey design, I've been reading
up on Mr. Gorey in interviews appearing on the W3. I don't think he'd
mind. But if I find a way to contact him, I certainly will.
Countless tattoos I see are copyright infringements - band logos, I know
someone with the Lexus logo, clip art, copying other tattoos from magazines
- how would the laws work on that last one? To whom do the rights of the
original tattoo belong, if the artist and wearer developed the design
together, then someone else copied the tattoo? Who would be guilty, the
copier or the artist who facilitated the copy? This very situation was
brought up recently on rab; it was not nice, what happened (the theme of a
very personal design and its location on the body was copied by an
acquaintance).