King, Yolanda M. --- "Copyright protection of tattoos" [2018] ELECD 865; in Bonadio, Enrico; Lucchi, Nicola (eds), "Non-Conventional Copyright" (Edward Elgar Publishing, 2018) 111

Book Title: Non-Conventional Copyright

Editor(s): Bonadio, Enrico; Lucchi, Nicola

Publisher: Edward Elgar Publishing

ISBN: 9781786434067

Section: Chapter 5

Section Title: Copyright protection of tattoos

Author(s): King, Yolanda M.

Number of pages: 17

Abstract/Description:

In the United States, artists increasingly claim federal copyright protection for subject matter that does fit within traditional conceptions of creativity. Tattoos have recently emerged as one of the most controversial and publicized forms of expression. Tattoos push the boundaries of copyrightable subject matter due to, among other challenges, the unique tension between protection of art and recognition of the autonomy of the person who will bear that art. This chapter investigates whether modern U.S. copyright law should be more adaptable to the protection of this unconventional form of expression. It examines the requirements for copyright protection for tattoos and the complexities of their authorship. The chapter concludes that copyright law should be interpreted to protect tattoos.