Forums > Hair, Makeup & Styling > Should Hairstyles be Copyrighted ?

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

What about makeup? Tattoos are copyrightable. Is hair or makeup?

Especially when it is as distinctive as (for example) this:

https://www.modelmayhem.com/pics.php?id=514224

What about body paint?

Jun 03 08 07:40 am Link

Photographer

WinterWolf Studios

Posts: 418

Cincinnati, Ohio, US

You've... puzzled me. I was going to say yes, but then, where do you draw the line? Hmm.

Jun 03 08 07:42 am Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

Yeah, I'm not sure. It would be a pain if they were from the photographer's standpoint, but if tattoos are, then . . . why not other things?

Maybe really distinctive ones already are and I just haven't heard about it.

Jun 03 08 07:48 am Link

Makeup Artist

KING the MUA

Posts: 335

Chicago, Illinois, US

It should be.  Though, it can't be.  The slightest variation would be a "new" creation.  Can you imagine--the technical jargon that would spell out the description and detail?

Jun 03 08 07:52 am Link

Photographer

ElsaLiimatainen

Posts: 1306

Chichester, England, United Kingdom

It would be too hard to govern properly. If you could copyright hairstyles I could wake up one morning think 'my hair looks pretty good today' get it copyrighted then go around sueing people who's hair looked like mine.

Jun 03 08 07:55 am Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

What about body paint?

Jun 03 08 08:00 am Link

Photographer

Philipe

Posts: 5302

Pomona, California, US

How can you copy right a hair style or make up?...Thats silly....If Vidal Sassoon had his styles copy righted...He would be a billionaire... As far as the styles posted...There nice..but its not my style...So I would not even try to copy there styles...I try to create my own styles...Which I learned while competing...Smooth, comb out styles, like fingers waves on steroids.

Jun 03 08 08:01 am Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

Philipe wrote:
How can you copy right a hair style or make up?...Thats silly....If Vidal Sassoon had his styles copy righted...He would be a billionaire... As far as the styles posted...There nice..but its not my style...So I would not even try to copy there styles...I try to create my own styles...Which I learned while competing...Smooth, comb out styles, like fingers waves on steroids.

But you bodypaint, too. What is your opinion on that?

Jun 03 08 08:03 am Link

Photographer

Philipe

Posts: 5302

Pomona, California, US

digital Artform wrote:

But you paint, too. What is your opinion on that?

I copy H.R Giger and Hajime Sorayama
Well..thats what I think of when I body paint...

Dali did paintings of other artist work......

I'm no Dali or even a cracker jack artist...
I'm just Philip'e

Jun 03 08 08:06 am Link

Photographer

Philipe

Posts: 5302

Pomona, California, US

Philipe wrote:

I copy H.R Giger and Hajime Sorayama
Well..thats what I think of when I body paint...

Dali did paintings of other artist work......

I'm no Dali or even a cracker jack artist...
I'm just Philip'e

My failed attempt at H.R. Giger and Sorayama...I don't even come close.
So if some one, is inspired (like my self) Its never as good as the original.


https://modelmayhm-1.vo.llnwd.net/d1/photos/070919/06/46f10bcbeb6e8_m.jpg
https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/21/47575e44dd57c_m.jpg

https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/22/4757674e9c137_m.jpg
https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/21/4757586174cfe_m.jpg

Jun 03 08 08:12 am Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

I was surprised when I first heard tattoos were copyrightable. I just seems if you are going to have artwork on your body then you should have a 'work for hire' contract that makes the tattoo fully yours.

On the other hand I can see the tattoo artist's point of view: it's the artist's work; what does the canvas matter?

Jun 03 08 08:12 am Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

Philipe wrote:
My failed attempt at H.R. Giger and Sorayama...I don't even come close.
So if some one, is inspired (like my self) Its never as good as the original.

I love it, though

Jun 03 08 08:13 am Link

Photographer

Farenell Photography

Posts: 18832

Albany, New York, US

digital Artform wrote:
What about makeup? Tattoos are copyrightable. Is hair or makeup?

Especially when it is as distinctive as (for example) this:

https://www.modelmayhem.com/pics.php?id=514224

What about body paint?

If a hair stylist can even come close to "copying" those hairstyles, they'd get bonus cookies from me just for the effort.

Jun 03 08 08:14 am Link

Photographer

Philipe

Posts: 5302

Pomona, California, US

digital Artform wrote:
I was surprised when I first heard tattoos were copyrightable. I just seems if you are going to have artwork on your body then you should have a 'work for hire' contract that makes the tattoo fully yours.

On the other hand I can see the tattoo artist's point of view: it's the artist's work; what does the canvas matter?

Whoa! Copy righted tattoos?
How do you monitor that? Intersecting. Does not surprise me though

Jun 03 08 08:15 am Link

Photographer

Philipe

Posts: 5302

Pomona, California, US

All this crazy copy righted stuff sounds like some thing Gene Simmons would do..Copy right this and copy right that....Put the KISS label on it..and sell it....He's making money though...
I should have kept my KISS lunch pail from the 70's......when I was a kid.....I also had a MASH and welcome back Carter lunch pail too......(What was my mom thinking?) LOL!

Jun 03 08 08:21 am Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

There are different opinions about it even within the tattoo world

http://www.bmezine.com/news/guest/20031208.html

---

DAVID BECKHAM is facing a legal battle over who owns the right to his tattoos, because body artist Louis Malloy fears the British soccer star is making money from his designs.

Malloy designed and inked nine of Beckham's tattoos, including the famous guardian angel on his upper back, and is determined to sue should the Real Madrid ace use the images in an advertising campaign.

http://www.contactmusic.com/new/xmlfeed … o%20battle

Jun 03 08 08:27 am Link

Makeup Artist

Jacknife Ruby

Posts: 171

Dallas, Texas, US

As a heavily tattooed person I think that is crap. The art was PURCHASED by Beckham. It's his. That is like saying a collector who purchased a painting has to pay royalties to the artist to have his home where the painting is displayed photographed.Ridiculous. The artist should be happy he is getting so much publicity for his work on a international platform. In the future if he is worried about tattooing celebrities he should probably not only copyright his designs, but draw up a contract that outlines the usage of it for monetary gain, THEN price it accordingly.
Lame.

Jun 03 08 10:56 am Link

Makeup Artist

Cosmetic Couture

Posts: 1829

Riverside, California, US

Jacknife Ruby wrote:
As a heavily tattooed person I think that is crap. The art was PURCHASED by Beckham. It's his. That is like saying a collector who purchased a painting has to pay royalties to the artist to have his home where the painting is displayed photographed.Ridiculous. The artist should be happy he is getting so much publicity for his work on a international platform. In the future if he is worried about tattooing celebrities he should probably not only copyright his designs, but draw up a contract that outlines the usage of it for monetary gain, THEN price it accordingly.
Lame.

I agree 100% with you on this.  I also have tattoos and although the tattoo artist drew them, they were all my concept and I paid for them.  I am sure D. Beckham at least had the concept he wanted for the tattoo before letting the artist go to town on his skin.  Therefore, he should own full rights.  He paid someone to execute the artwork...commisioned it, if you will.  He owns the rights.

Jun 03 08 01:34 pm Link

Photographer

Herman van Gestel

Posts: 2266

Amsterdam, Noord-Holland, Netherlands

I think it has do do with  a state/level of permanence....

tattoos, photographs, bridges, books stay for... let's say longer than 5 years (virtually) the same....make-up and hair not wink

Herman

Jun 03 08 01:44 pm Link

Model

JoJo

Posts: 26560

Clearwater, Florida, US

There is a distinction that needs to be made between ‘custom designed’ tattoos and ‘flash’ tattoos.

When you walk into a tattoo studio you usually see thousands of designs on the walls or in large catalogues. This is what is known as ‘flash’. The tattoo studio or tattooist purchases from the original artist nonexclusive rights to reproduce this ‘flash’ art in the form of tattoos. This art is usually heavily protected by copyright and right of use.

On the other hand there is the ‘custom designed’ tattoo. The customer presents ideas to the tattoo artist and commissions the tattoo artist to do the necessary artwork to make the concept a tattoo-able work. Since this is a commission this type of tattoo is the customer’s property and thus copyrightable by the customer, not the artist/tattooist.

Jun 03 08 01:53 pm Link

Makeup Artist

vanessa perez

Posts: 1253

Los Angeles, California, US

Philipe wrote:

My failed attempt at H.R. Giger and Sorayama...I don't even come close.
So if some one, is inspired (like my self) Its never as good as the original.


https://modelmayhm-1.vo.llnwd.net/d1/photos/070919/06/46f10bcbeb6e8_m.jpg
https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/21/47575e44dd57c_m.jpg

https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/22/4757674e9c137_m.jpg
https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/21/4757586174cfe_m.jpg

no you need to give yourself more credit mr. tongue

Jun 03 08 02:05 pm Link

Photographer

Cat Lemus

Posts: 1221

Orlando, Florida, US

The ideas aren't copyrighted and can't be... that would be impossible. A photographers, mua, hair, stylists ideas aren't copywrited because no one execution will ever be the same. Knock off Coach purses are alright and they look pretty close but if you want quality you're gonna buy the real thing.

Jun 03 08 02:12 pm Link

Body Painter

BodyPainter Rich

Posts: 18107

Sacramento, California, US

Bodypaint artists can have copyright, but I think there is a huge gray area when it comes to photos and copyright with bodypaint. For this reason I think it important for any artist who is bringing something truly unique to the table (including hair and/or makeup) to reach an agreement with the client and/or photographer in advance.

Jun 03 08 02:18 pm Link

Photographer

Jason Haven

Posts: 38381

Washington, District of Columbia, US

Some of the "hair styles" linked are far from hair styles in my eyes, and are more hair-sculptures. In that case, yes I could see the reason for copyright... but copyrighting Mom's standard bowl cut would be a bit too far.

Jun 03 08 02:18 pm Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

JoJo Suicide wrote:
Since this is a commission this type of tattoo is the customer’s property and thus copyrightable by the customer, not the artist/tattooist.

What about Beckham and his aforementioned tattoo troubles?

Jun 03 08 06:23 pm Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

Jacknife Ruby wrote:
As a heavily tattooed person I think that is crap. The art was PURCHASED by Beckham. It's his. That is like saying a collector who purchased a painting has to pay royalties to the artist to have his home where the painting is displayed photographed.Ridiculous. The artist should be happy he is getting so much publicity for his work on a international platform. In the future if he is worried about tattooing celebrities he should probably not only copyright his designs, but draw up a contract that outlines the usage of it for monetary gain, THEN price it accordingly.
Lame.

On June 1, 1908, 100 years ago today, the US Supreme Court decided Bobbs-Merrill v. Straus, a case that established what would become known as the “first sale doctrine”. This doctrine, now codified as part of the US Copyright Act, says that in general the owners of books or other copyrighted works have the right to dispose of them as they see fit (such as by reselling them, giving them away, or lending them out). The copyright holder can still control the right to make copies, make public performances, or other derivative works. But once a reader has bought a book, they can pass it along as they see fit. (Or keep it, or fold it into little origami shapes for their own amusement. They own it, after all.)

http://everybodyslibraries.com/2008/06/ … -doctrine/

Jun 03 08 06:25 pm Link

Hair Stylist

HairByTrinity

Posts: 512

Mission Viejo, California, US

heres the thing: Even if someone tryed to copy those hairstyles, it is impossible for another person to exactly copy what someone else has done on a head. That is why hair is so interesting...each persons touch changes the style completely. Copyrighting a hairstyle is useless because that one creation will never be created again. Its like a sandcastle...even if you use the same equipment, it will never lay exactly the same.

Jun 03 08 07:33 pm Link

Hair Stylist

Samaj James

Posts: 1

Tempe, Arizona, US

As much as it hurts me to say "NO"!  I have seen others with haistyles today that I have done 5-10 years ago. At the same time I have taken a picture of a hairstyle and flipped it my way to compliment a client and expand my own creative genius. Attempting to Copyright  hairstyles would result in, price gouging by popular haistylists ( as if this doesn't happen already), unnecesary law suits between stylists with the inability to prove who is the actual "owner" or "creator" of a particular style. What a mess that would be:)

Jun 03 08 07:56 pm Link

Wardrobe Stylist

stylist man

Posts: 34382

New York, New York, US

Cool conversation.

Here are some past discussion at least in part on this issue.

Copyrights
https://www.modelmayhem.com/po.php?thread_id=41706
(some wrong information and some correct information,
It is a good debate though and it would not be Mayhem without it.)

MUAs, Stylists - do they sign a release as well?
https://www.modelmayhem.com/po.php?thread_id=13400

What rights does a designer have to images?
https://modelmayhem.com/posts.php?thread_id=13940


I am adding this thread to the places I hide all of these.

Jun 03 08 08:21 pm Link

Makeup Artist

Luna Bella Beauty

Posts: 688

Irvine, California, US

Philipe wrote:

My failed attempt at H.R. Giger and Sorayama...I don't even come close.
So if some one, is inspired (like my self) Its never as good as the original.


https://modelmayhm-1.vo.llnwd.net/d1/photos/070919/06/46f10bcbeb6e8_m.jpg
https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/21/47575e44dd57c_m.jpg

https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/22/4757674e9c137_m.jpg
https://modelmayhm-1.vo.llnwd.net/d1/photos/071205/21/4757586174cfe_m.jpg

THOSE BODY PAINTINGS ARE FUCKING AMAZING!!!

Jun 03 08 08:27 pm Link

Makeup Artist

TheMakeupMan

Posts: 3799

Los Angeles, California, US

No unfortunatly I do not belive you can copywrite a hairstyle
I use to be a platform artist (in the early 80's)and have had a few styles/tecniques "ripped off" by people who had way better publicist/publicity than I

Example , I remeber I was cutting long hair with electric clippers in 1979/80 , doing perimeter shaggs , the salon was owned by the head of sebastian products darryl aurther and sebastians artistic team was having a meeting in our salon while I was still working on a cliente doing this tecnique , a few month later they came out with the "revolutionary "long hair clipper cut they called the mane line.

Then I was approched by Aveda (Jon English) to do the models for them at the long beach hairshow , I  and Debbie Milford did all the cuts and colors , provided all the models and had parachute in Bev hills provide the wardrobe , the show won best class and guess who didnt get credited ......   it happens everyday sad to say

Jun 03 08 11:38 pm Link

Makeup Artist

TheMakeupMan

Posts: 3799

Los Angeles, California, US

Another thought  not so grim ......


Clowns copywrite their makeup ,,,,mabey there is hope

Jun 03 08 11:41 pm Link

Wardrobe Stylist

stylist man

Posts: 34382

New York, New York, US

TheMakeupman wrote:
Another thought  not so grim ......


Clowns copywrite their makeup ,,,,mabey there is hope

I separated the question into another thread.

But this is interesting though just slightly related to this conversation.
And why I separated it.

Yoko Ono loses case based on What would happen IF?
https://www.modelmayhem.com/po.php?thread_id=298296

Jun 04 08 12:04 am Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

TheMakeupman wrote:
Another thought  not so grim ......


Clowns copywrite their makeup ,,,,mabey there is hope

interesting

Jun 04 08 01:44 am Link

Photographer

Monito -- Alan

Posts: 16524

Halifax, Nova Scotia, Canada

digital Artform wrote:
Should Hairstyles be Copyrighted ?

Call it sculpture and copyright it.

Jun 04 08 01:56 am Link

Model

Jessica Loewen

Posts: 257

Winnipeg, Manitoba, Canada

Probably nearly impossible to moniter considering its always going to be SLIGHTLY different than the original. although sometimes (like some of the examples given) they really should be protected.

Jun 04 08 01:59 am Link

Makeup Artist

Camera Ready Studios

Posts: 7191

Dallas, Texas, US

can you imagine all the hairstyles having a copyright?  I mean someone created every single hairstyle out there at some point in time...  What would we do?  shave our heads....but wait???  thats a style and it seems that could also then be copyrighted.....  ok, a scarf!.... but wait, someone came up with that idea....

How about eyeliner..... Someone (long dead) came up with that idea, should we be sending their ancestors  money everytime we apply eyeliner? All the great makeup styles you see out there, they have all been done, worked over, changed a bit, done again....I have yet to see a truely original idea that didnt have bits a parts taken from someone elses idea...some people do it better than others but real fresh ideas I just havent seen in ages.

Jun 04 08 02:08 am Link

Model

Seker Pare

Posts: 186

Canberra, Australian Capital Territory, Australia

No... that would be terrible hmm

Jun 04 08 02:16 am Link

Photographer

digital Artform

Posts: 49326

Los Angeles, California, US

Mary wrote:
can you imagine all the hairstyles having a copyright?  I mean someone created every single hairstyle out there at some point in time...  What would we do?  shave our heads....but wait???  thats a style and it seems that could also then be copyrighted.....  ok, a scarf!.... but wait, someone came up with that idea....

How about eyeliner..... Someone (long dead) came up with that idea, should we be sending their ancestors  money everytime we apply eyeliner? All the great makeup styles you see out there, they have all been done, worked over, changed a bit, done again....I have yet to see a truely original idea that didnt have bits a parts taken from someone elses idea...some people do it better than others but real fresh ideas I just havent seen in ages.

Good. Then it's settled. No copyrights for you guys.

As a photographer that would be the last thing I needed, anyway. big_smile

Jun 04 08 02:31 am Link

Model

Stephx

Posts: 916

Baton Rouge, Louisiana, US

how would you go about gettting a tatt copywrighted

Jun 04 08 04:34 am Link