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| Do you think the artist deserves to be compensated beyond his hourly wage? |
| Yes pay the man-Rasheed Wallace is rich anyway |
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5% |
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| Screw that- he already got paid his agreed apon wage |
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95% |
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| Total Votes : 20 |
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bobdolejr
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 Posted: Tue Apr 19, 2005 10:55 am Post subject: Rasheed Wallace (the NBA star) was sued by his tattoo artist |
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Here is a link to the story.... http://www.google.com/search?hl=en&q=rasheed+wallace+tattoo+lawsuit
Basic story...
A Portland man who put a tattoo on the right arm of Detroit Piston Rasheed Wallace is suing to stop the forward from displaying the work in ads for Nike basketball shoes.
Matthew Reed from TigerLilly Tattoo and DesignWorks claims he owns the copyright for the design of the tattoo. Reed's lawsuit wants the Nike ad featuring Wallace and the tattoo off the air and the Internet, as well as damages.
According to the suit filed last week in U.S. District Court, former Trail Blazer Wallace approached Reed in 1998, saying he wanted an Egyptian-themed family design with a king and queen and three children and a stylized sun in the background.
Reed researched the idea and came up with a design and put it on Wallace's arm. Reed said the $450 charge was a relatively small amount, but he expected to benefit from the exposure.
I read up on a couple different sites that basically "work for hire" is owned by the person who pays the person for the work along with the intellectual propery rights... I just thought this was an interesting story... and was curious what people thought about the artist coming after the owner of the tattoo.... (as both artists and owners of tattoos)...
Thanks,
bobby d
Personal opinion.... kinda greedy on the artists part... my body ... i own it... |
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TheTattooArtist
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| Posted: Tue Apr 19, 2005 5:19 pm Post subject: |
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| I once worked with a guy who wanted extra money to tattoo things like "you name" on someones butt. He stated that he knew that guy/girl was prolly going to make money off their tattoo. Guess it's just me, but when a client pays me for my service, that's the end of it. If they go on to a competition, and win money or a trophy, I don't expect to have them compensate me for what they received. I have worked on clients who are in the "spotlight", and I am very happy just being able to say "look,look, I did that tattoo". |
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Inkpacker
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| Posted: Sun Apr 24, 2005 4:16 am Post subject: frivolity. |
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| yep, that dude prbably didn't get a tip. Possesion is 9/10 the law. |
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Leenaink
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| Posted: Fri Oct 03, 2008 9:12 am Post subject: |
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| I just tattooed Rasheed Wallace's whole back. He is a wonderful customer and a dear friend. He paid me what I asked so our business is done . He can use the tattoo for whatever he would like it's an honor and free publicity so why ask for extra pay? |
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EvilJay
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| Posted: Fri Oct 03, 2008 9:23 am Post subject: Re: Rasheed Wallace (the NBA star) was sued by his tattoo ar |
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| Reed wrote: | | the $450 charge was a relatively small amount, but he expected to benefit from the exposure. |
There you go fucker... You got what you wanted. This artist is just a prick hoping to find his golden ticket from some ignorant sympathetic jury. He got his money. If he tatted it on anyone else, the exact same peice, the exact same amount of wok, he'd be happy with the money he got from the customer.
BTW: Sheed's my boy.. I'll have to dig out my pics from last year at the playoffs with my sheed mask on.. Pistons basketball starts Sunday. Can't wait. I made it to like 39 games last year.
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| lloydy wrote: | | im going to have a scroll with her handprints, name,dob,a quote underneath held up by 2 angels ,then just making it look beutifull, as if it would be a scroll that jesus had sent, duff's flying round it and stuff, |
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SweetTeaSweetheart
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| Posted: Fri Oct 03, 2008 9:49 am Post subject: |
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This douche is just looking for his piece of the pie. Not cool.
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green_girl
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| Posted: Fri Oct 03, 2008 9:52 am Post subject: |
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So how did the case go then? This thread is from 2005.
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davey_p
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| Posted: Fri Oct 03, 2008 10:00 am Post subject: |
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are you serious!!! loll
how can a tattoo artist think he owns a design, he didnt copywrite it,
he is probably just mad he didnt get recognition for doing that tattoo
i hope that tattoo artist gets hate mail.. because thats just rediculous
i hate how people try to come up by suing other people
this story reminds me of a story i read in the newspaper, of an old lady trying to sue the guy that gave her cpr to save her life, because apperently her boobs came out while in the process.
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green_girl
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| Posted: Fri Oct 03, 2008 11:52 am Post subject: |
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Read the story more - the original art was copy righted by the artist. And once again from 2005.
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EvilJay
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| Posted: Fri Oct 03, 2008 12:01 pm Post subject: |
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I cant find the follow-up, but the article says that Reed "claims" he owns the copyright..
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| lloydy wrote: | | im going to have a scroll with her handprints, name,dob,a quote underneath held up by 2 angels ,then just making it look beutifull, as if it would be a scroll that jesus had sent, duff's flying round it and stuff, |
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robp23
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| Posted: Fri Oct 03, 2008 12:09 pm Post subject: |
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http://www.lclark.edu/org/lclr/objects/LCB10_2_Harkins.pdf
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| EvilJay wrote: |
You certainly impress no-one here you little bitch.
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| super_sam wrote: |
FUCK YOUR LIBERAL CENSORISM AND HATE CRIMES....FUCKING HEAR ME YOU FUCKING NAZI PIECES OF SHIT???
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robp23
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| Posted: Fri Oct 03, 2008 12:11 pm Post subject: |
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sorry bout the double post.
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| EvilJay wrote: |
You certainly impress no-one here you little bitch.
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| super_sam wrote: |
FUCK YOUR LIBERAL CENSORISM AND HATE CRIMES....FUCKING HEAR ME YOU FUCKING NAZI PIECES OF SHIT???
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davey_p
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| Posted: Fri Oct 03, 2008 1:06 pm Post subject: |
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i read through it a little
apperently they dismissed the case and settled
aka the artist got what he wanted
and from what i have read so far,
this is one of those situations that can go both ways just depends on lawyers fight it
it says its considered copyright if a person makes money off of it without consent of the artist
which the tattoo artist lawyer could say that if it wasnt for the tattoo, nike wouldnt make as much money if it wasnt for that tattoo
and of course the defending lawyer would have to prove that it wouldnt make a difference if he had the tattoo or not
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EvilJay
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| Posted: Fri Oct 03, 2008 1:27 pm Post subject: |
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| From PDF wrote: | That all changed in spring 2004 during the Detroit Pistons’ championship
run, when Reed saw the tattoo highlighted in an advertising campaign
promoting Nike’s products in a commercial broadcast on television and over
Nike’s website on the Internet. Although the advertisement featured Wallace as
an NBA basketball player, it also included a close up of the tattoo that filled the
screen and then showed the tattoo being created by a computerized simulation
with a voice-over from Rasheed Wallace describing and explaining the
meaning behind the tattoo.
The advertisement resulted from an agreement that Wallace had with Nike
to promote Nike’s products. In order to create and produce the advertisement,
Nike also engaged Weiden & Kennedy as its advertising agency. However,
Nike, the advertising agency, and Wallace had overlooked one other player off
the basketball court. Reed, after seeing the commercial advertisement, filed an
application to register copyrights drawings relating to the tattoo and later was
issued visual art Copyright Registration Numbers VA 1-265-074 and VA 1-
236-392 for the Egyptian Family Pencil Drawings.4
On February 10, 2005, Reed filed a complaint in the United States District
Court for the District of Oregon against Nike, Inc., Rasheed Wallace, and
Weiden & Kennedy.5 In Count I, Reed alleged copyright infringement6 against
both Nike and Weiden & Kennedy based on copying, reproducing, distributing,
or publicly displaying Reed’s copyrighted work without Reed’s consent.7 |
Seriously, complete bullshit. The guy did not file for a copyright until AFTER the commecials were out. This is sad if the guy got a dime out of him besides he $450 he paid for the tattoo. That fucker should have his ass kicked.
So, if I'm a tat'd up bad guy in a movie, and I needed the tat's to play that role, is my artist now entitled to my pay? I mean, I benefited financially because I had those tattoos. Fucking A-Holes...
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| lloydy wrote: | | im going to have a scroll with her handprints, name,dob,a quote underneath held up by 2 angels ,then just making it look beutifull, as if it would be a scroll that jesus had sent, duff's flying round it and stuff, |
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MattCrunk
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| Posted: Fri Oct 03, 2008 1:32 pm Post subject: |
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| bobdolejr wrote: | | I read up on a couple different sites that basically "work for hire" is owned by the person who pays the person for the work along with the intellectual propery rights..... |
Not quite the way it works.
"Work for Hire" mainly applies to artists who are in the permanent employ of a company or another individual. In such case, the rights to any artwork created while "on the clock" would belong to the employer and not the artist. However, a freelance artist producing artwork for a client retains all rights and copyrights to any artwork created unless those rights are specifically transferred to the client in writing. Normally a client only receives "limited rights" to the artwork for the specific use intended, and any further use would require further permission from, and usually additional compensation to, the artist.
That said, it would seem that Rasheed Wallace IS only using the design for it's intended purpose - a tattoo on his body, which he should be able to display freely in any way he sees fit. Now, if Mr. Wallace wanted to take that tattoo design and market it on t-shirts or other merchandise, that would be a different story, and that would require the permission of the artist.
But Reed expected compensation because a tattoo he did on someone appeared in an advertisement is like an architect wanting payment because a building he designed appeared in a published photograph of a city street.
| davey_p wrote: | are you serious!!! loll
how can a tattoo artist think he owns a design, he didn't copywrite it. |
According to US copyright law, any creative work is automatically copyrighted the minute you create it. However it needs to either be registered or published in order to be fully protected.
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Matt Crunk
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