Essay Topic: While there does not appear to be any significant direct judicial authority in Australian law to date on the question of whether copyright can apply to a tattoo, there seems to be a growing view among commentators in Australia and overseas that a tattoo can be the subject of copyright. In terms of the elements under the Copyright Act 1968 (Cth) which must be satisfied for copyright to apply in Australia, what are the arguments for and against the copyrighting of tattoos in Australia? Which arguments do you find most convincing and why? What are the legal implications and problems (including the determination of ownership and the impact of moral rights) that may arise if a tattoo can be copyrighted? Briefly discuss also any ethical issues that may arise.
