Notes

Who has the copyright of a tattoo?

Copyright in a tattoo is a bit extra challenging than regular copyright due to the fact that the canvas is somebody else's skin.

For copyright to put on a tattoo it must be an initial artwork; which has resulted from some skill and initiative in behalf of the artist; as well as is not simply duplicated.

There will likely be a license between the artist and the user to make use of that artistic work as it was intended (a tattoo on the skin).

But things obtain a lot more made complex when the user commercialises or records their tattoo without consent. This may generate copyright infringement.

In this write-up our IP litigation lawyers will certainly clarify the rights of tattoo artists and tattoo wearers.

Contact us for all problems associating with copyright in a tattoo and infringement advice as well as representation

What is Copyright?
In Australia, copyright law is found in the Copyright Act 1968 (Cth).

Equally as the name suggests, it is the lawful right (or a variety of rights) to duplicate (or duplicate) any kind of original imaginative material such as imaginative jobs, computer programs, films, songs, sound recordings, as well as a lot a lot more.

It essentially offers the creator of the innovative product the right to regulate exactly how that product is used.

Copyright does not protect concepts, techniques, styles, and/or concepts.

Copyright in a Tattoo
Copyright subsists in all initial imaginative works. There is no requirement for enrollment in Australia (like with hallmarks for example).

Copyright protects all creative jobs such as architectural plans, buildings, cartoons, craft work, drawings, maps, paints, photos, plans, sculpture, as well as tattoos.


Nevertheless, the tattoo must be initial and not common such as tattoo flash or words like "mum" or the name of a companion. Copyright may not exist in headings, names, single words, slogans or titles either. Copyright may not exist in images of individuals or people's faces.

In Australia, for a tattoo to be original it means that the tattoo is not merely a duplicate. Stonegate Legal Sunshine Coast copyright issues with a tattoo needs to have been created with skill and effort, and it has been developed by a human author.

That Possesses the Copyright in a Tattoo?
Just like various other sorts of imaginative works, the proprietor of the copyright in a tattoo is the developer of the tattoo.

This is most likely to be the tattoo artist.

Nonetheless, this might not be the case. Most of the times, if an individual is employed by the tattoo shop, then it might be the tattoo store entity that is the proprietor of the copyright.

If you are a tattoo artist, it is important that there is a composed employment agreement with a condition which deals with copyright ownership.

Does the Tattoo Wearer not Possess the Copyright in a Tattoo?
Unless there is an express agreement between the copyright owner as well as the tattoo wearer, the copyright will be possessed by the designer of the tattoo (or their employer).

The wearer owns the tattoo but does not possess the copyright in that tattoo.

There is an implied license between the copyright owner and the tattoo wearer to utilize that tattoo as a tattoo.

Contact Stonegate Legal, 3/67 Mary Street, Noosaville Qld 4566


Website: https://stonegatelegal.com.au/