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Implied In Ink?: How Tattoo Artists Can Claim And Protect Their Copyrights Against An Implied License Defense
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Introduction Tattoos have become an increasingly popular form of art and expression and are now commonly sported by celebrities and professional athletes. As such, the right to copyright a tattoo, an issue that has been identified but never resolved, is ripe for judicial decision. No court has rendered a decision on the merits that expressly states the bounds of copyright enforcement for tattoo art, but, that could change depending on the outcome of the pending case Solid Oak Sketches, LLC v. 2K Games, Inc., a case focused on the impermissible reproduction of tattoos in a video game. It is likely, this article argues, that a court will soon grant tattoo artists substantive copyright protections in their original art. It is also likely the court will utilize an implied license defense to balance the rights of the tattoo artist with the rights of the tattoo recipient. Thus, this article explains how tattoo artists should begin to implement daily practices that put themselves in the best position to claim their copyrights, why they should prepare for an implied license defense, and how they can limit the license to non-commercial ventures to maximize their protection and profit.
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2017 Ⓒ Boston Patent Law Association
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1 B.A., 2015 Allegheny College; J.D. Candidate, 2018, New England Law | Boston. I would like to thank Professor Peter Karol for his insightful comments and encouragement on this article and for always pushing me to produce my best work. I would also like to thank my fiancé Scott Meltzer and my parents for their constant and continued support.
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Writing Competition Awarded second place
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NEWSLETTER ARCHIVE
Volume 48, Issue 1
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Index
Community Calendar Read more >
Table of Contents
Message from the President Monica Grewal
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Implied In Ink?: How Tattoo Artists Can Claim And Protect Their Copyrights Against An Implied License Defense
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Message from the Editor-in-Chief
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A Conundrum for Time Bars to Institution of Inter Partes Review in Wi-Fi One, LLC v. Broadcom Corp.
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The Passing of a BPLA past president and Founding Partner of Hamilton Brook Smith Reynolds, Leo Reynolds
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Give Back by Getting Involved—BPLA’s Patent Pro Bono Program
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Boston Patent Law Association Minutes of The 2016 Annual Meeting
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Members on the Move
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Moot Court Judges Needed
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Arbitrating Patent Disputes — A Strategic Choice
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Considerations for U.S. brand owners in Cuba
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WIPO ST.26: A Roadmap To The Future of Sequence Listing Compliance
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PTAB Grants First Preliminary Reply and Sur-Reply Under New Rules
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Visual Artists Rights Act (VARA) and the Protection of Digital Embodiments of Artworks.
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SCOTUS UPSETS THE APPLE CART? The High Court Answers Key Question on Design Patent Damages, But Leaves Many
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New TTAB Rules Aim to Make Proceedings More Efficient
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Officers and Board of Governors
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Trademark Solicitation Scams
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