If you are planning to get a tattoo done, it would be a good idea if you get the answer to the question “Are tattoos copyrighted?” Actually the whole issue of tattoo copyright is a controversial one in the tattoo community. The fact is that, tattoo artists can copyright tattoos done by them for their clients. As any original piece of artwork can be copyrighted, tattoos can be copyrighted too. Tattoos can even be registered as a service mark. But the controversy arises as one tries to decide who the copyright of a tattoo should be given to and what the legal consequences can be in case copyright is violated.

In a majority of countries in the world, all original creations are automatically copyrighted. People who want to actively protect their creations have to register themselves in the governmental copyright organization. The copyright application needs to contain proof that the creation is original and that the person registering has the right to challenge anyone who violates it. Also, it should contain evidence that the copyright holder has back - up documentation. In case a tattoo artist wants to copyright his or her tattoos, he should have to create a stencil of his tattoo along with pictures of the tattoo on the client’s skin.

But the question that will come to most people’s mind is whether after a tattoo is done, the copyright should belong to the client or to the tattoo artist. If the tattoo belongs to the client, he or she can seek recourse from the law in case the tattoo is used by anyone else, copied or used for any promotion. On the other hand, if the tattoo belongs to the tattoo artist, he or she can potentially stop the tattoo from being removed or altered anytime in the future and have the right to dictate whether or not the tattoo be used in any promotion.

While seeking an answer to the questions “are tattoos copyrighted” it is important to understand that it is a form of art which is quite derivative in nature. Tattoo artists are known to gain inspiration from history, nature as well as the contemporary world. Some people in the tattoo community feel that since the form of art is so derivative, routine copyrighting would only cause chaos. If routine copyrighting of tattoos became a norm, then Copyright Infringement law can be slapped on anyone who has just created a close facsimile copy of the tattoo in question and not an exact one.

Again, in case of tattoo artists who are extremely popular, it makes sense to copyright their tattoos to prevent them from getting abused or reproduced without permission. Some people get tattoos done for reasons which are intensely personal to themselves and it may hurt them to see their designs being on somebody else’s body and getting a copyright is a good idea. Copyrighting tattoos is a grey area in the industry and thinking before actually copyrighting is a good idea.