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ARTICLE · 01 JULY 2021

Who owns the copyright in a tattoo?

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Copyright in a tattoo is more complicated than regular copyright. Explanation of copyright law & in the context of tattoos.

AustraliaIntellectual Property
Wayne Davis
Wayne Davis
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Copyright in a tattoo is a little more complicated than regular copyright because the canvas is someone else's skin.

For copyright to apply to a tattoo it must be an original artwork; which has resulted from some skill and effort on behalf of the artist; and is not just copied.

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

But things get more complicated when the wearer commercialises or records their tattoo without permission. This may give rise to copyright infringement.

This article will explain the rights of tattoo artists and tattoo wearers.

What is Copyright?

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

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