IPLJ is proud to report that staffer Meredith Hatic has won second place in the New York State Bar Association Intellectual Property Law Section’s 2011 Annual Law Student Writing Competition! Meredith is a 2L at Fordham and is planning on pursuing a career in entertainment law upon graduation.
Meredith’s paper examines whether and to what extent tattoos should be protected under copyright law. As long as tattoos meet the statutory requirements, they should be afforded at least some copyright protection. However, in light of the conflict between a copyright owner’s exclusive rights–for example, the exclusive right to prepare derivative works–and the constitutional right to control one’s own body, copyrighted tattoos should enjoy thinner protection under the 1976 Act. Meredith argues that a solution to the conflict between an artist’s exclusive rights and a subject’s right to bodily autonomy seems to lie in contract law. Either the artist and the subject should sign a written agreement before the creation of the tattoo to determine which parties will enjoy which exclusive rights, or the courts should recognize an implied license in the absence of a written agreement.
We really are so proud to have such a talented and insightful group of law students make up our IPLJ family.
Congratulations Meredith! Bravo!