Literary and Artistic Rights of Tattoo Works
With Emphasis on U.S Doctrine and Iranian Law

ghabooli dorafshan, sayyed mohammad hadi

All

Webpages

Books

Journals

Tarbiat Modares University Press

Comparative law Research Quarterly

Volume 28, Issue 2 (2024) CLR 2024, 28(2): 97-134 | Back to browse issues page

Mendeley

Zotero

RefWorks

ghabooli dorafshan S M H. Literary and Artistic Rights of Tattoo Works With Emphasis on U.S Doctrine and Iranian Law. CLR 2024; 28 (2) :97-134
URL: http://clr.modares.ac.ir/article-20-72631-en.html

Literary and Artistic Rights of Tattoo Works With Emphasis on U.S Doctrine and Iranian Law

Sayyed mohammad hadi Ghabooli dorafshan

Associate Professo Department of Islamic Jurisprudence and Principles of Islamic Law, Ferdowsi University of Mashhad, Mashhad, Iran , h.ghaboli@um.ac.ir

Abstract: (438 Views)

Abstract
Using tattoo as a means for make-up or expression of certain thoughts or beliefs, is expanding in the society, especially among the youth and teenagers. This fact indicates the need to take into account the legal issues related to tattoo including artistic and literary rights of tattoo works which, sooner or later, would arise in the country. In the United States, legal doctrine has examined the conditions of protecting the tattoo designs. The prevailing attitude in the American law considers the conditions of granting copyright i.e. originality, being a work of authorship and fixation in a tangible medium to be fulfilled in the case of tattoo. However, due to the fixation of tattoo in human skin, the realization of the latter condition has been faced with objections which, indeed have been answered. In the Iranian law, it is possible to protect tattoo works which are not against public policy and good behavior, provided that they are original and expressed and have been published in Iran for the first time. Therefore, in the laws of the two countries, with differences in positive and negative requirements, tattoo works may be protected. However, given tattoo works are placed on human skin, the exercising the owners material and moral rights is confronted with implied license and fair use limitations.

Keywords: Tattoo, Body Art, Copyright, Originality, Fixation in a Tangible Medium, Expression

Full-Text [PDF 1277 kb] (241 Downloads)

Article Type: Original Research | Subject: Comparative Law
Received: 2023/11/25 | Accepted: 2024/06/6 | Published: 2024/08/31

Send email to the article author

Rights and permissions
	This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.