PART II: Are Tattoos Protected By Copyright?

As detailed in Part I of this blog post, despite the fact that Canadian courts have not yet grappled with a case related to copyright and tattoos, the  Copyright Act and foreign caselaw suggests that copyright very likely subsists in tattoos and that the rights to tattoos most likely reside with the tattoo artists who design and ink the tattoos on individuals' skin. This copyright can create a host of legal problems for tattooed individuals, particularly public figures whose tattoos could end up on display and recreated across many different platforms. Continue reading for a discussion of some of the options available to those individuals who are concerned about the consequences of not owning their own tattooed image.