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Fleshing out the copyright in a tattoo

IP Whiteboard

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

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WIPIP 2022, Session 6 (TM)

43(B)log

Summary of current treatment: Although courts have often referred to “expressive” or “artisticworks as shorthand for the scope of Rogers, they have applied it to speech that quali?es Is it art, collaboration, or something else? Brands themselves want in on the act, officially sponsoring artists’ modifications.