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Why shooting tattooed models can get you sued and nuked
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Jan 6, 2019 16:41:05   #
Los-Angeles-Shooter (a regular here)
 
http://sports.vice.com/en_us/article/d7mz4m/who-owns-tattoos

A series of court cases over the copyright of tattoos.

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Jan 6, 2019 16:52:05   #
davidrb
 
Los-Angeles-Shooter wrote:
http://sports.vice.com/en_us/article/d7mz4m/who-owns-tattoos

A series of court cases over the copyright of tattoos.


So, if I make a photograph of a model who sports a tattoo I would legally need a release from both the model and their inker?

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Jan 6, 2019 17:01:11   #
User ID (a regular here)
 
`


..... first world problem ......


.

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Jan 6, 2019 17:04:55   #
CaptainC
 
Los-Angeles-Shooter wrote:
http://sports.vice.com/en_us/article/d7mz4m/who-owns-tattoos

A series of court cases over the copyright of tattoos.


Well...actually reading the article it is clear the issue is about the USE of the images, not the photography. Personal use or editorial use...no problem.

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Jan 6, 2019 18:58:46   #
toxdoc42
 
It is certainly good that this case didn't end up in a true decision. I am not an attorney, and have no legal training, but a decision in either direction would damage professional art of all kind. A decision in favor or the tattoo artist would limit photographers and and artist, from publishing any reproduction of the person wearing the tattoo. Consider also if a tv broadcast including the image would be required to pay a fee! I am watching the bears play the eagles, how many of the players lack a tattoo or more? How many different tattoo artist would have to be compensated? On the other hand, who actually owns a piece of art? Does the artist have first priority on his/her art? If not, than reproductions of the art could he made and sold without the approval and or payment of the artist. No one would win.

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Jan 6, 2019 19:31:51   #
rgrenaderphoto (a regular here)
 
User ID wrote:
`


..... first world problem ......


.




Another reason not to have logo tattoos.

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Jan 6, 2019 22:18:55   #
Stardust (a regular here)
 
Los-Angeles-Shooter wrote:
http://sports.vice.com/en_us/article/d7mz4m/who-owns-tattoos

A series of court cases over the copyright of tattoos.
The way I read it is shooting or displaying the tattoo is probably legal, only when you promote it or use it for promotion it enters the gray area of the law. So advertising "nude models" is fine, advertising "nude models with tattoos" could cause a legal problem if worth the tattoo artists time & effort. LOL - may have to chance Model Releases to include signatures of "your tattoo artist" and hair dresser if her do is unique enough.

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Jan 6, 2019 23:18:32   #
sjb3
 
toxdoc42 wrote:
No one would win.


Except the lawyers.

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Jan 7, 2019 09:37:03   #
Alafoto (a regular here)
 
sjb3 wrote:
Except the lawyers.


Lawyers always win

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Jan 7, 2019 11:34:36   #
Los-Angeles-Shooter (a regular here)
 
Alafoto wrote:
Lawyers always win


Clueless and wrong.

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Jan 9, 2019 01:32:34   #
Scruples (a regular here)
 
We could ban tattoos. Or we could beat up the tattoo artists and lawyers with our dusty tripods. LOL Seriously, Or we could have the model sign a release stipulating the existence of a tattoo. We can also hide tattoos behind some props.

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Jan 9, 2019 12:44:50   #
Los-Angeles-Shooter (a regular here)
 
Scruples wrote:
... we could have the model sign a release stipulating the existence of a tattoo. ...


A model can't give a copyright license if someone else (the artist) owns the copyright.

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Jan 9, 2019 14:48:47   #
Scruples (a regular here)
 
Indeed! I didn't realize this becomes a sticky wicket of a problem. I am okay with providing information about the tattoo artist with a photograph of a model sporting a tattoo. It is extra work for me. Perhaps the artist may need some photography work done. That is a long shot! We could use a thread from an attorney/photographer. I believe we could use some clarification on the issue of photographic models and their tattoos.

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Jan 10, 2019 00:28:19   #
IDguy
 
So what was the Shakespeare play with the line, “ First, we kill all the lawyers!”

What BS

Ah: https://en.m.wikipedia.org/wiki/Let%27s_kill_all_the_lawyers

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