BPAL and tattoo designs?

[Aingeal]

So, I've been thinking about getting a tattoo and since my dinky little town is actually going to get a tattoo parlour (colour me shocked) I've been thinking more seriously about it. I was considering the abstract CD phoenix, but I wasn't sure if that would be appropriate, giving that CD is trademarked and stuff, and I wouldn't want to do something offensive to the Lab or anything like that.

 

So? Kosher or no?

[Emu Nymph]

I have a trademarked peice on my left shoulder. But if you are really worried and want to know I'd contact Beth and Macha and ask them

[Electra]

There was quite a lot of discussion a while back in this thread about using BPAL phoenixes/Macha's artwork as tattoo designs. The impression that I took away from it was that the thing to do is to contact Macha to ask for permission. If you need to go to the Lab to ask for permission as well (due to ownership of rights, etc...I'm not sure exactly who owns what with respect to the artwork), I'm sure that Macha could let you know that.

[Morrighana]

From the artist:

And, yes, I'm feeling the urge to have my favorite tattooed as well...do you think if we band together the artists will give their ok for it? How perfect would a black phoenix be on the lower back to match the black dragon I want to get later on my upper/middle back?

<{POST_SNAPBACK}>

 

I'm so glad you mentioned actually asking the artist's okay. There is of course absolutely nothing that any artist can really do, honestly, to keep someone from grabbing their artwork and having a tattoo made from it (and of course we do understand what a complement it is!) but it's my understanding that this is considered in somewhat poor taste.

 

I know that, just personally, I would really rather that someone asked first. I'd like to know what's being done with my work, that's all.

 

And good heavens, that dragon and phoenix idea does sound so pretty!

 

And from an IP lawyer:

Technically, any unauthorized use of a piece of artwork or other copyrighted work (i.e., anything fixed in a tangible medium of expression in the U.S. and most of the world) is a copyright violation - it doesn't matter if there is a business purpose or a profit made from the use. Whether a use is commercial is a factor in the fair use determination that a U.S. court will go through in a copyright case, but it is not strictly determinative. Taking a piece of art and slapping it on your computer, having it permenantly inked on your body, or making any other sort of use of it without the owner's permission is technically a violation of the owner's rights in the work.

 

More IP law geekery can be found here.

 

If you want to discuss/ask questions about IP law, head to the thread Emzebel linked above. For tattoo stuff, head to the Tattoo thread in Randomness, linked to by the lovely Electra.