Despre tatuaje și drepturi de autor în era digitală
About tattoos and copyright in the digital era

Summary/Abstract: Freedom of expression can take many forms. Tattooing is one of these, which has recently become a common and widely accepted practice. When tattoos are original works and are „worn” by famous people, whose image is frequently used in commercial advertising, a conflict may arise between the tattoo artist’s copyright in his work (of the tattoo) and the right to the tattooed person’s own image. If the tattoos are not original, being taken from images, photos, drawings, protected by copyright or, in certain cases, by trademark rights, the tattoo artist can be held liable for the violation of intellectual property rights. After placing the practice of tattooing in the Internet era (1), the legal aspects of tattooing at the intersection of art and law are analyzed (2) establishing, first, whether the tattoo is a work of art and whether a copyright can be recognized on the tattoo (2.1.). A „reconciliation” is then attempted between the copyright of the tattoo and the personality rights of the tattooed person (2.2.). Finally, the problem of the violation of the rights of third parties by tattooing is briefly addressed (2.3.).

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