Q: Two questions. First: I am proud of my tattoos. As I paid for them, and they are on my body, do I own them and can I copyright each one?

W.C., Manhattan Beach

A: A copyright is applicable to “original works of authorship,” which includes art, music, dramatic works, writing and other intellectual property. The work must be tangible; if it is not recorded or actually written out, then the work probably is unavailable for copyright protection. This is why an idea in and of itself is not subject to copyright protection.

A tattoo is visible and often considered artwork. Think of your arm as the canvas on which it exists. The person who gave you the tattoo is the one who did the work. As such, if there is an issue of ownership, and thus who may copyright it, my view is it would be the tattoo artist, not you.

Q: Second question:  If you say I do not own the tattoos, is there a valid way for me to gain ownership?

W.C., Manhattan Beach

A: You can create what is known as a “work-for-hire” contract. There is a federal statute you can refer to online (17 U.S Code Section 101) which defines work for hire. Two options: The tattoo was prepared within the scope of employment (with you as the employer and the tattoo artist your employee), or it is a work that was specially ordered or commissioned as part of a collective work (such as a movie, an instructional text or at atlas). Make sure the agreement is in writing — and signed.

Q: If I get a tattoo of an action figure, will there be an issue of copyright infringement?

T.H., Redondo Beach

A: It is possible that an infringement claim could be made. Make sure the tattoo is sufficiently distinct or different from a work entitled either through registered copyright or common-law copyright protection, or is in the public domain, or qualifies as a fair use  (i.e., the tattoo was done for a limited and “transformative” purpose, such as to comment upon or parody a copyrighted work). If it remains a concern, talk this out with the tattoo artist before you get the tattoo.

Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience. His column, which appears on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.