Can copyright protection be extended to tattoos and body art? Analyzing the issues, challenges and framing a possible solution in light of the Indian and US copyright protection regimes

Bibliographic Data

ID22110096
AuthorsAnjani Singh Tomar (0000-0002-5801-8188, Gujarat National Law University), Gururaj Devarhubli (0000-0002-8310-175X, Nirma University, corresponding author)
Year2025
Volume11
Issue1
Publication date2025-12-31
Open AccessYes
TypeARTICLE
VenueCogent Social Sciences (JOURNAL)
Journal identifiersISSN: 2331-1886 • E-ISSN: 2331-1886
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/23311886.2025.2563041
OpenAlexW4414772018
LanguageEN
References cited30

This study explores the potential expansion of copyright protection for tattoos and body art and the associated challenges. The fundamental principles of copyright law are first examined, along with how they relate to the creative character of tattoos and body art. The paper then discusses issues such as originality, ownership and fixation before diving into the difficulties and legal hurdles that arise when considering the copyrighting of tattoos. Additionally, it explores the ramifications of protecting copyright rights over tattoos, as well as the difficulties of managing copyright and infringement from a legal and practical standpoint. Furthermore, it examines how trademark and design protection overlap with traditional copyright protections. This paper concludes with recommendations and suggestions aimed at enhancing and clarifying the legal environment for tattoos and suggesting potential solutions to better balance the rights of tattoo artists, recipients and other parties

Copyright Act · Copyright law · Fair use · Intellectual property · Trademark · Body Image and Dysmorphia Studies · Sexuality, Behavior, and Technology · Tattoo and Body Piercing Complications

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