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February 11, 2013

Bodies of work

Are tattoos protected under copyright law?

In light of the recent tattoo cases and as body art becomes more mainstream, it is advisable for entertainment clients to obtain proper written agreements from those who display - and those who own – copyright protected designs, visible tattoos and body art. For example, releases should require all on-camera talent to: (a) refrain from displaying any tattoos, especially if they incorporate any recognizable logos or other copyrighted material, or the name or likeness of a celebrity; or (b) represent and warrant that they either own the copyright in such artworks or have a valid license from the copyright owner to display and reproduce the artwork and have the right to license others to do the same. Also, to avoid moral rights claims in Canada, the agreement should also confirm that the released parties have the right to alter, modify and/or remove the tattoo altogether, if desired

Hat tip to Mr. Tarantino.

Posted by Ghost of a flea at February 11, 2013 09:27 AM