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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 Problems: JELLY ROLL is registered for fabric, but the public uses it generically to describe strips from a fabric line rolled into a roll.