AS we've learned from following the rise and fall of MP3 music-sharing services such as Napster, copyright protection is near and dear to the hearts of corporate music giants and the guys in Metallica. This, however, is not solely a matter best left to bloodthirsty corporate lawyers and famous musicians. I think copyright protection is important to each of us with creative talent. Creative talent? Does that sound like Tattoo artists?

I'm going to explain how to obtain official copyright registration from the U.S. Library of Congress and give you some pointers on the process. This information is based on what I went through to obtain copyright registration for my first tattoo. This process and the forms, procedures, and guidelines behind it, can be used to copyright almost any form of artistic expression. Tattoo artists, flash artists, and tattoo owners can use the instructions I give here but the copyright office has information for registering anything else you can imagine.

It all started in College

It all started for me in College (how many stories start that way, eh?) when I decided it was time to get my first tattoo. From the moment I decided that I wanted a tattoo, I was concerned that someone might see my design and decide to get one like it (or similar enough to piss me off.) This concern is probably baseless but I've been known to be paranoid about the most petty things. Fortunately, I didn't let my concerns stop me and I went ahead and got the tattoo anyway. For years, though, the concern lingered that I should have protected my design in some way.

After letting my subconscious churn on this idea for several years, I sat down one day at my computer and decided to learn about copyrights. My search led me to the Library of Congress website. I was surprised that the Library of Congress is responsible for the United States Copyright Office as well as the other stuff you'd expect.

I read as much as I could about copyrights and still felt like I didn't know enough to do it on my own. I had convinced myself that I would need a lawyer's help in order to actually apply for a copyright. I didn't feel like I would be able to hire a lawyer to help me. That sounded like a pricey option and I needed that money for beer. After a few weeks of consideration I decided to go through with the process on my own and just wait to see if it worked.

Why Should You?

One important fact I learned when researching copyrights is that this registration process is not necessary in order to receive protection under U.S. copyright law. The copyright office website states:

In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. . . . Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law.

In other words, having a registered copyright stands up in a court of law. This legal stuff was the initial reason I looked into this process. I've stopped worrying, though, that someone's going to copy my tattoo. Now, I just think it's cool to have my design officially registered.

Do It Yourself Instructions

At the time I applied for my first copyright, the application form was an Adobe PDF file that had to be downloaded, printed, and then filled out. The current process uses a new kind of form that is downloaded and filled out on your computer. With the new form, you can print out a professional looking (and easily readable) application. You will need the free Adobe Acrobat reader in order to use any of the forms on the U.S. Copyright Office website. The correct form depends on the specific nature of the work being registered. In the case of most visual arts, including tattoos, the correct form to use (or at least the one I've been using) is Form VA. PDF

Reading through the forms on the copyright office website you're sure to have a flashback to the horrors of filling out your tax return. It seems that all government forms look pretty much the same but, hey, at least they're consistent. Once you've downloaded all of the stuff you need from the copyright office, read through the instructions for Form VA carefully and then fill it out. While I'm no expert on this matter, I'll give you some assistance for two areas of the form that are relevant to tattoo designs. For the following instructions to make any sense, you'll probably want to download Form VA and follow along.

1
Title and nature of the work: This section pretty much speaks for itself. Just pick a name for your tattoo design and indicate that it's a tattoo design in the "Nature of this Work" section.
Publication as a Contribution: If you've been fortunate enough to have your design published in a magazine or newspaper, give details of the publication here and again in section 3.

2
Name of Author: Fill in all the details of who you are . . . as if they don't already know everything about you. Notice that the form provides for this information to be filled out for two different people. I understand that this is for art created as a collaboration. I'm not sure if this would ever apply to body art.
Work made for hire: Here's where it gets interesting for the tattoo community. If you paid someone to create this design for you then check "Yes" here. In my case, I own the design of my tattoo but I only designed part of it. Most of the work was done "for hire" by my tattoo artist. It may seem at first that you need to put the tattoo artist's information here but that's not the case. If you are indeed copyrighting a "work for hire," discuss this with your artist and obtain his or her consent. To totally protect yourself, and to back up your claim for a copyright, you can have a signed agreement with your artist.
Nature of Authorship: For the purposes of tattoos and tattoo designs, you should choose "2-Dimensional Artwork."

After you've filled out the form completely, print out two copies of pages 3 and 4. Sign and date one copy to be sent to the copyright office and keep one for your records. As of this writing, the fee for filing one of these forms is $30. After June 30, 2002, this fee may increase. Check the U.S. Copyright Office website before you send your form to make sure this fee hasn't changed. I recommend sending a cashier's check or a money order but I believe a personal check is acceptable. What ever payment method you choose, make it out to the U.S. Copyright Office.

Along with your application you must include a complete copy of the work to be registered. If, however, the work has been published, two copies of the best edition must be included. I'm not sure what they mean by "best edition," you can decide for yourself. In most circumstances I'm sure that several good photographs of the tattoo will be sufficient as long as the photographs show the entire design. If one photo doesn't show the design in sufficient detail, send several close-up shots, each of a different section, as well as one shot that shows the entire design. In my case I took photos, scanned them, edited them in PhotoShop to add descriptions, and then printed them in color. If you don't want to go that far, send photos and write legibly on the back of them or number the photos and enclose a separate sheet with descriptions. Be as detailed as possible when describing the design. You will not get this stuff back. Don't send originals or anything that can't be replaced easily.

Help the Government Help You

Getting your application to the copyright office seems like the simplest part but even here there are important things to consider. The website for the copyright office indicates that they've had problems recently with the U.S. Postal service and that applicants should consider another carrier. This warning cites October (2001?) as the start date of postal delivery problems so there's no telling how bad things are now that certain people think it's funny to send Anthrax spores through the mail. I recommend taking your application to an authorized shipping center for one of the major private carriers (like UPS, FedEx, AirBorne Express, etc.) When you ship your application, see if you can afford to get a return receipt. I'll explain why in the next paragraph.

One final note on this process: be patient. The copyright office receives thousands of applications every year. You should expect to hear something from them in about six months. You won't receive any kind of confirmation letter to let you know the office has accepted your application. You'll only get a letter once the application has been accepted or rejected. I know it seems like a long time to wait, just try not to think about it. The only thing you can do for peace of mind is send your application with a return receipt requested (like registered mail.) This way, the copyright office will return a form to you when they've received your application. When you receive the form you'll know that the application has been received and is being reviewed. It could be several weeks or even months before the return receipt is sent to you as was the case for me. If you don't hear anything from the copyright office in, I'd say, 9 months, then it's time for concern. If you want to contact the copyright office, contact information can be found in the instructions of form VA and on their website.

For More Info

Form VA with instructions PDF This is the form I used for my application and the one I reference in this column.

FL 115 PDF A flyer about registering visual arts copyrights.

U.S. Copyright Office Main Page All the info you ever needed on this topic.

Copyright FAQ Frequently Asked Questions - pretty informative.

U.S. Copyright Office Forms The forms you would need to register any kind of artistic work.

Adobe Acrobat The free PDF file reader you will need for any of the government forms discussed here.

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