As detailed in Part I of this blog post, despite the fact that Canadian courts have not yet grappled with a case related to copyright and tattoos, the Copyright Act and foreign caselaw suggests that copyright very likely subsists in tattoos and that the rights to tattoos most likely reside with the tattoo artists who design and ink the tattoos on individuals’ skin. This copyright can create a host of legal problems for tattooed individuals, particularly public figures whose tattoos could end up on display and recreated across many different platforms. Continue reading for a discussion of some of the options available to those individuals who are concerned about the consequences of not owning their own tattooed image.
Continue readingAuthor: Kiera Boyd
PART I: Are Tattoos Protected by Copyright?
Updated October 18th, 2022
As tattoos have become increasingly common, the question of whether copyright subsists in a tattoo and what that means has come to the forefront of the copyright conversation. The deep personal connection that many people feel towards the permanent ink on their skin does not change the fact that the authorship and ownership of most tattoo designs most likely does not reside with the bearers of the tattoos, but rather with the tattoo artists. This fact creates a number of issues that can range from relatively simple problems, such as tattooists being prevented from using other tattooists’ designs on others, to complicated issues, such as large video game companies being unable to recreate accurate depictions of real tattooed celebrities who have given the companies permission to use their likenesses in games.
Continue readingThe Bell Media Inc v Macciacchera (Smoothstreams.tv) Decision and Unauthorized Subscription Services
The Federal Court recently released its decision in Bell Media Inc v Macciacchera (Smoothstreams.tv), 2022 FC 1139, in which the court stressed the importance of compliance with Interim Orders and indicated that the Plaintiffs’ case has strong merits going forward.
Continue readingAre Disney’s live action remakes extending the copyright of their animated movies?
During a time when Disney’s copyright protection over some of their most classic works is either nearing an end or has already ended in certain countries like Canada, it may seem oddly coincidental that Disney has begun to create live action remakes of many of their most iconic films.
Continue readingImage Copyright in the Age of Social Media
In an age where online image sharing is more prevalent than ever thanks to the abundance of different social media platforms, the question of who has a right to use what photographs or creative visuals may appear increasingly complicated, but the truth is that similar copyright principles that apply to a physical photograph or artistic image also apply to pictures shared over social media. Continue reading for a discussion of social media platforms’ rights to the images posted by their users and for an explanation of Canadian copyright in images.
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