Art On My Own Body… Would It Still Be Mine?

I have to admit, my brain doesn’t work in a fashion that’s helpful in navigating legalese. That doesn’t stop the hair on the back of my neck raising at the prospect of bill C-61, however. Along with the regular battery of concerns a new one popped into my head this morning thanks to the forth part of Michael Geists “A Week in the Life of the Canadian DMCA” series. Keep in mind what I said above – I’m not the person to go to for answers to questions like this, but Michael seems to have his head on straight. And what he says in that posting makes me worry about the following should bill C-61 come to pass.

Who will own my tattoos? Currently any custom work I have done is arguably done on commission and I’m free to use photos of them as I see fit. Given the changes Michael suggests in C-61, would this still be the case? Would I be prohibited to use photographs of my own body because copyright on the image is held by the artist that applied it? Of course, this concern is not limited to photographs. Were I to somehow profit from my appearance (not likely) by virtue of celebrity would this be in violation of the act? For instance, would my appearance on television to promote a product be in violation of their copyright?  I can’t help but imagine the fledgling rock starlet who is forced to cover her beautiful sleeves for her first magazine cover shot because she doesn’t own the copyright to her own arms…

It sounds far fetched, but given the change with regard to commissioned photographs I have to wonder.  I’d love to hear analysis of this from someone who knows what they’re talking about.

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  • About Me

    Hi! My name is Kimberly Horne and I have absolutely nothing interesting to say. Unfortunately for you I DO have an overpowering need to tinker with technology which is explains the presence of this journal. I mostly talk about games (video and tabletop), technology, tattoos, and my pets.

    If you're an Eclipse user you may find my Eclipse category more interesting.

    Similarly, if you're an Arduino nerd then maybe my projects might be of interest.

    Since I've discovered Twitter this journal has been neglected somewhat. If you really want to stalk me your best bet is to follow me on twitter.