جستجوی مقالات مرتبط با کلیدواژه « حق مولف بر پوست » در نشریات گروه « فقه و حقوق »

 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.