Notes

Who possesses the copyright of a tattoo?

Copyright in a tattoo is a little bit extra difficult than regular copyright since the canvas is somebody else's skin.

For Stonegate Legal Lawyers Brisbane to relate to a tattoo it must be an original art work; which has arised from some ability as well as effort in support of the musician; as well as is not just replicated.

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

Yet points get more complicated when the user commercialises or documents their tattoo without authorization. This might trigger copyright infringement.


In this article our IP litigation lawyers will clarify the legal rights of tattoo musicians and also tattoo wearers.

Call us for all problems relating to copyright in a tattoo and also infringement guidance and also representation

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

Just as the name suggests, it is the lawful right (or a number of civil liberties) to duplicate (or duplicate) any kind of initial innovative material such as imaginative jobs, computer system programs, films, music, audio recordings, and also a whole lot extra.

It essentially gives the developer of the creative material the right to control how that material is used.

Copyright does not safeguard ideas, strategies, designs, and/or ideas.

Copyright in a Tattoo
Copyright subsists in all initial artistic jobs. There is no need for enrollment in Australia (like with hallmarks for instance).

Copyright safeguards all imaginative works such as blueprints, buildings, cartoons, craft work, illustrations, maps, paints, pictures, strategies, sculpture, and also tattoos.

However, the tattoo has to be original and also not generic such as tattoo flash or words like "mum" or the name of a partner. Copyright may not exist in headings, names, single words, mottos or titles either. Copyright might not exist in pictures of people or individuals's faces.

In Australia, for a tattoo to be initial it indicates that the tattoo is not just a copy. https://stonegatelegal.com.au/ has to have been produced with skill and effort, and it has actually been created by a human author.

Who Possesses the Copyright in a Tattoo?
Just like other kinds of creative works, the owner of the copyright in a tattoo is the creator of the tattoo.

This is most likely to be the tattoo artist.

Nonetheless, this could not hold true. In many cases, if a person is used by the tattoo shop, after that it could 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 contract with a condition which manages copyright ownership.

Does the Tattoo Wearer not Own the Copyright in a Tattoo?
Unless there is an express arrangement between the copyright owner as well as the tattoo wearer, the copyright will be had by the creator of the tattoo (or their company).

The wearer possesses the tattoo yet does not have the copyright in that tattoo.

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

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


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