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Are Tattoos Protected by Copyright Law?

Jessica Brown


The answer is yes! Tattoos are considered original works of art and, as such, are protected under U.S. copyright law. Pursuant to copyright law, the creator of a work of art inherently owns the copyright to a design as soon as it is ““fixed in a tangible medium.” In this case, tattoo artists inherently hold the copyright to an original design as soon as it is drawn, whether on paper or inked on skin. This copyright protection gives tattoo artists the exclusive right to reproduce, distribute, and display their work. However, the actual enforcement of tattoo artists’ rights under copyright law can be complex.

To help ensure their rights are protected and enforceable, there are some legal considerations that tattoo artists should consider:


  • Registering Designs with U.S. Copyright Office: While ownership of the work exists automatically upon creation, registration strengthens your ability to enforce rights in court and increases the damages you could collect in an infringement lawsuit, such as statutory damages and attorney’s fees. Without registration, you can still pursue legal action but will need to rely on actual damages which may be harder to prove. Registration also simplifies the process of proving your rights in court, which lowers your legal fees, as it creates a presumption of validity. For more information on registering your copyright, check out our blog post here: TM v. Copyright. Additionally, we are super excited to offer a copyright 1:1 session to TEACH YOU how to file a copyright registration yourself. Reach out to our IP attorney Jess at jessica@trellispgh.com for more info!


  • Contracts: 

    • For direct tattoo services, a contract or terms should be signed clearly outlining ownership and usage rights, whether the tattoo can be shown on social media and any requirements needed, granting the artists rights to photograph and use images for their portfolio or marketing, among other considerations. This can be provided when the client comes in for a tattoo as part of the artist’s terms.


  • In the case of tattoo tickets, the ticket should specify that the recipient of the tattoo has the right to have the design tattooed, among various other considerations, such as specifying restrictions on altering the design, whether the copyright is being assigned or just licensed (if so, exclusive or non-exclusive license), whether the design can be shared, and a clear process outlining communication between the original artist, the client, and the second artist



Feel free to reach out to us to draft you a template! Contracts don’t need to be long or scary, but solid enough to prevent misunderstandings and establish clear boundaries for use. We can even review any existing terms you have.


  • Monitor Usage: Regularly search for unauthorized uses of your designs online or in commercial products by using reverse image search engines and social media/e-commerce websites. If you find an authorized use, please reach out to an IP attorney about sending a cease and desist or filing an infringement claim. 


  • Trademarks: Artists should consider trademarking their unique styles, branding, or logo designs to protect their brand identity and prevent others from copying their signature work. Remember a trademark relates to the brand and not your individual tattoo artwork. You can read more about the trademark process here or check out our free resources regarding trademarks (and other topics!) here.


In sum, start thinking of your work as not just art but intellectual property! IP is a huge asset to any business, but especially tattoo artists. To help protect these assets, register and monitor your work! If you’re navigating a specific copyright issue, please reach out! 


DISCLAIMER: This blog post is meant for informational purposes only and does not constitute specific legal advice or create an attorney-client relationship. Readers should discuss their specific situation and considerations with an attorney.

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