Circular 40
2 40.0915
Copyright Registration
for Pictorial, Graphic,
and Sculptural Works
Copyright is a form of protection provided by U.S. law to authors of “original
works of authorship,” including “pictorial, graphic, and sculptural works.” The
owner of copyright in a work has the exclusive right to make copies, prepare derivative works, sell or distribute copies, and display the work publicly.
Anyone else wishing to use the work in these ways must have the permission of
the author or someone who has derived rights through the author.
A work is automatically protected by copyright when it is created, that is,
“fixed” in a copy or phonorecord for the first time. Neither registration in the
Copyright Office nor publication is required for copyright protection. There
are, however, certain advantages to registration, including establishment of a
public record of the copyright claim. See the heading “Effective Date of Registration” on page 3 for more details.
Copyright Notice
Before March 1, 1989, the use of a copyright notice was mandatory on all
published works, and any work first published before that date should have
carried a notice. For works first published on or after March 1, 1989, use of a
copyright notice is optional. For more information about copyright notice,
see Circular 3, Copyright Notice, available on the Copyright Office website at
www.copyright.gov.
Publication
Copyright law defines “publication” as the distribution of copies of a work to
the public by sale or other transfer of ownership or by rental, lease, or lending.
Offering to distribute copies to a group of people for purposes of further distribution or public display also constitutes publication. A public display does not
in itself constitute publication.
A work of art that exists in only one copy, such as a painting or a statue, is
not regarded as published when the single existing copy is sold or offered for
sale in the traditional way, such as through an art dealer, gallery, or auction
house. A statue erected in a public place is not necessarily published.
When the work is reproduced in multiple copies, such as in reproductions of
a painting or castings of a statue, the work is published when the reproductions
are publicly distributed or offered to a group for further distribution or public
display.
Copyright Registration for Pictorial, Graphic, and Sculptural Works · 2
Publication is an important concept in copyright.
Whether a work is published or not can affect the number of
copies and the type of material that must be deposited when
registering the work. In addition, some works published in
the United States become subject to mandatory deposit in
the Library of Congress. These requirements are explained
elsewhere in this circular.
Works of the Visual Arts
Copyright protects original “pictorial, graphic, and sculptural works,” which include two- and three-dimensional
works of fine, graphic, and applied art.¹ Examples of such
works include
• Advertisements, commercial prints, labels
• Artificial flowers and plants
• Artwork applied to clothing or to other useful articles
• Bumper stickers, decals, stickers
• Cartographic works, such as maps, globes, relief models
• Cartoons, comic strips
• Collages
• Dolls, toys
• Drawings, paintings, murals
• Enamel works
• Fabric, floor, and wall-covering designs
• Games, puzzles
• Greeting cards, postcards, stationery
• Holograms, computer and laser artwork
• Jewelry designs
• Models
• Mosaics
• Needlework and craft kits
• Original prints, such as engravings, etchings, serigraphs,
silk-screen prints, woodblock prints
• Patterns for sewing, knitting, crochet, needlework
• Photographs, photomontages
• Posters
• Record jacket artwork or photography
• Relief and intaglio prints
• Reproductions, such as lithographs, collotypes
• Sculpture, such as carvings, ceramics, figurines, maquettes,
molds, relief sculptures
• Stained glass designs
• Stencils, cut-outs
• Technical and mechanical drawings, architectural drawings or plans, blueprints, diagrams
• Weaving designs, lace designs, tapestries
Copyright protection for an original work of authorship
does not extend to
• Ideas, concepts, discoveries, principles
• Formulas, processes, systems, methods, procedures
• Words or short phrases, such as names, titles, and slogans
• Familiar symbols or designs
• Mere variations of typographic ornamentation, lettering,
or coloring
Useful Articles
A “useful article” is an article having an intrinsic utilitarian
function that is not merely to portray the appearance of
the article or to convey information. Examples are clothing,
furniture, machinery, dinnerware, and lighting fixtures. An
article that is normally part of a useful article may itself be a
useful article—an ornamental wheel cover on a vehicle, for
example.
Copyright does not protect the mechanical or utilitarian aspects of such works of craftsmanship. It may, however,
protect any pictorial, graphic, or sculptural authorship that
can be identified separately from the utilitarian aspects of
an object. Thus a useful article may have both copyrightable
and uncopyrightable features. For example, a carving on
the back of a chair or a floral relief design on silver flatware
could be protected by copyright, but the design of the chair
or flatware itself could not.
Some designs of useful articles may qualify for protection
under the federal patent law. For information, visit the U.S.
Patent and Trademark Office website at www.uspto.gov or
call (800) 786-9199.
Copyright in a work that portrays a useful article extends
only to the artistic expression of the author of the pictorial,
graphic, or sculptural work. It does not extend to the design
1. Copyright protection extends to the design of a building created
for the use of human beings. Architectural works created on or after
December 1, 1990, or that on December 1, 1990, were either unconstructed or embodied only in unpublished plans or drawings are eligible. For
details, see Circular 41, Copyright Claims in Architectural Works.
Copyright Registration for Pictorial, Graphic, and Sculptural Works · 3
of the article that is portrayed. For example, a drawing or
photograph of an automobile or a dress design may be copyrighted, but that does not give the artist or photographer the
exclusive right to make automobiles or dresses of the same
design.
Registration Procedures
An application for copyright registration contains three
essential elements: a completed application form, a nonrefundable filing fee, and a nonreturnable deposit—that is, a
copy or copies of the work being registered and “deposited”
with the Copyright Office.
There are two ways to apply for copyright registration.
Online registration through the electronic Copyright Office
(eCO) is the preferred way to register basic claims for literary
works; visual arts works; performing arts works, including
motion pictures; sound recordings; and single serials. Advantages of online filing include a lower filing fee; the fastest
processing time; online status tracking; secure payment by
credit or debit card, electronic check, or Copyright Office
deposit account; and the ability to upload certain categories
of deposits directly into eCO as electronic files. To access
eCO, go to the Copyright Office website and click on Register
a Copyright.
You can also apply using paper forms. To access fill-in versions of Form VA (visual arts works) and Form CON (continuation sheet for paper applications), go to the Copyright
Office website and click on Publications, then Forms. Complete the form(s) on your personal computer, print them out,
and mail them with a check or money order and a deposit.
Blank forms can also be printed out and completed by hand
or requested by postal mail (limit two copies of any one form
by mail).
Note: Copyright Office fees are subject to change. For current
fees, check the Copyright Office website at www.copyright.gov,
write the Copyright Office, or call (202) 707-3000.
Effective Date of Registration
When the Copyright Office issues a registration certificate, it
assigns as the effective date of registration the date it received
all required elements—an application, a nonrefundable
filing fee, and a nonreturnable deposit—in acceptable form,
regardless of how long it took to process the application and
mail the certificate.
You do not have to receive your certificate before you
publish or produce your work, nor do you need permission from the Copyright Office to place a copyright notice
on your work. However, the Copyright Office must have
acted on your application before you can file a suit for copyright infringement, and certain remedies, such as statutory
damages and attorney’s fees, are available only for acts of
infringement that occurred after the effective date of registration. If a published work was infringed before the effective
date of registration, those remedies may also be available if
the effective date of registration is no later than three months
after the first publication of the work.
The time the Copyright Office requires to process an
application varies, depending on the amount of material
the Office is receiving and the method of application. If you
apply online for copyright registration, you will receive an
email notification when your application is received. If you
apply on a paper form, you will not receive an acknowledgment of your application, but you can expect a certificate of
registration indicating that the work has been registered; a
letter or a telephone call from the Copyright Office if further information is needed; or, if the application cannot be
accepted, a letter explaining why it has been rejected.
The Copyright Office cannot honor requests to make
certificates available for pickup or to send them by express
mail. If you want to know the date that the Copyright Office
receives your paper application or your deposit, use registered or certified mail and request a return receipt.
Deposit Requirements
Circular 40a, Deposit Requirements for Registration of Claims
to Copyright in Visual Arts Material, is a guide to material
that should be sent when registering a claim. Circular 40a
also defines terms such as “complete copy,” “best edition,”
and “identifying material.” The following is an outline of the
deposit requirements.
Two-Dimensional Works
If unpublished, send one complete copy or identifying
material.
If first published in the United States on or after January 1,
1978, generally send two complete copies of the best edition.
If first published in the United States before January 1,
1978, send two complete copies of the best edition as first
published. Where identifying material is permitted or
required, the identifying material must represent the work as
first published.
Copyright Registration for Pictorial, Graphic, and Sculptural Works · 4
If first published outside the United States before March 1,
1989, send one complete copy of the work as first published.
Where identifying material is permitted or required, the identifying material must represent the work as first published.
If first published outside the United States after March 1,
1989, send one complete copy of either the first published
edition or the best edition of the work.
Three-Dimensional Works and Two-Dimensional Works
Applied to Three-Dimensional Objects
For published and unpublished works, send identifying
material, such as photographs. Do not send the threedimensional work.
Special Provisions
For some works first published in the United States, only one
copy is required instead of two. These include:
• Greeting cards, picture postcards, stationery, business
cards
• Games
• Pictorial matter or text on a box or container (where the
contents of the container are not claimed)
• Contributions to collective works. The deposit can be one
of the following: one complete copy of the best edition of
the entire collective work, the complete section containing
the contribution, the contribution cut from the collective
work in which it appeared, or a photocopy of the contribution itself as it was published in the collective work.
For some works, identifying material is permitted, not
required. For example, either identifying material or actual
copies can be deposited for some unpublished works and for
limited editions of posters or prints with certain qualifying
conditions.
For all works that exceed 96 inches in any dimension,
identifying material is required.
For more information on what is permitted or required
for registration of certain kinds of visual arts works, see the
Copyright Office’s deposit regulations, found in sections
202.19, 20, and 21 of title 37 of the Code of Federal Regulations.
Deposits cannot be returned.
Registration of Two or More Works
Two or more individual works can be registered on one
application with a single filing fee under certain circumstances.
Unpublished Works
A group of unpublished works can be registered as a collection if all the following conditions are met.
• The elements of the collection are assembled in an orderly
form.
• The combined elements bear a single title identifying the
collection as a whole.
• The copyright claimant or claimants for each element in
the collection are the same.
• All the elements are by the same author or, if they are
by different authors, at least one author has contributed
copyrightable authorship to each element.
note: Works registered as an unpublished collection will be
listed in the records of the Copyright Office only under the
collection title.
Published Works
All copyrightable elements that are included in a single unit
of publication and in which the copyright claimant is the
same can be considered a single work for registration purposes. An example is a game consisting of playing pieces,
a game board, and game instructions.
Group Registration of Published Photographs
A single registration can be made for a group of published
photographs if all the following conditions are met.
• The same photographer took all the photographs (if an
employer for hire is named as author, only one photographer’s work can be included).
• All the photographs were first published in the same calendar year.
• All the photographs have the same copyright claimant(s).
To register groups of published photographs, you can
use Form GR/PPh/CON, available on the Copyright Office
website under Publications, then Forms. You can complete
the form on your personal computer and print it out or print
out a blank copy and complete it using black ink. Mail the
completed form to the Copyright Office with the appropriate fee and deposit.
Group Registration of Contributions to Periodicals
A single registration can be made for a group of contributions to periodicals under certain conditions. Examples of
potentially eligible works include cartoon strips, newspaper-
Copyright Registration for Pictorial, Graphic, and Sculptural Works · 5
columns, horoscopes, photographs, drawings, and illustrations. To be eligible, all the following conditions must be met.
• All the works must have the same copyright claimant.
• All the works must be by the same author.
• The author of each work must be an individual, not an
employer or other person for whom the work was made
for hire.
• Each work must have been first published as a contribution to a periodical (including newspapers) within a
12-month period.
• The application must identify each contribution separately, including the periodical containing it and the date
of its first publication.
In addition to the above conditions, if first published
before March 1, 1989, a contribution as first published must
have borne a separate copyright notice, and the name of the
owner of copyright in the work (or an abbreviation or alternative designation of the owner) must have been the same in
each notice.
To register groups of contributions to periodicals, you can
use Form GR/CP, available on the Copyright Office website
under Publications, then Forms. You can complete the form
on your personal computer and print it out or print out a
blank copy and complete it using black ink. Mail the completed form to the Copyright Office with the appropriate fee
and deposit.
No Blanket Protection
Registration covers only the particular work deposited for the
registration. It does not give any sort of “blanket” protection
to other works in the same series. For example, registration
of a single cartoon or comic strip drawing does not cover any
earlier or later drawings. Each copyrightable version or issue
must be registered to gain the advantages of registration for
the new material it contains. However, as described above
under “Published Works” and “Group Registration of Contributions to Periodicals,” certain group registrations can be
made with one application and fee.
Mandatory Deposit
Although a copyright registration is not required, the 1976
Copyright Act establishes a mandatory deposit requirement
for works published in the United States. In general, the
owner of copyright or the owner of the exclusive right of
publication in the work has a legal obligation to deposit in
the Copyright Office within three months of publication in
the United States two complete copies or phonorecords of
the best edition of the work. It is the responsibility of the
owner of copyright or the owner of the right of first publication in the work to fulfill this mandatory deposit requirement. Failure to make the deposit can result in fines and
other penalties but does not affect copyright protection.
Some categories of pictorial, graphic, and sculptural
works are exempt from this requirement, and the obligation is reduced for other categories. The following works are
exempt from the mandatory deposit requirement.
• Scientific and technical drawings and models
• Greeting cards, picture postcards, and stationery
• Three-dimensional sculptural works, except for globes,
relief models, and similar cartographic works
• Works published only as reproduced in or on jewelry, toys,
games, textiles, packaging material, and any useful article
• Advertising material published in connection with articles
of merchandise, works of authorship, or services
• Works first published as individual contributions to collective works (but not the collective work as a whole)
• Works first published outside the United States and later
published without change in the United States, under
certain conditions (see title 37 of the Code of Federal
Regulations, sections 202.19, 20, and 21.
Copies deposited for the Library of Congress under the
mandatory deposit provision can also be used to register
the claim to copyright but only if they are accompanied by
the prescribed application and fee for registration. For more
information about mandatory deposit, see Circular 7d,
Mandatory Deposit of Copies or Phonorecords for the Library
of Congress.
For Further Information
By Internet
Online registration, circulars, announcements, regulations,
all application forms, and other materials are available from
the Copyright Office website at www.copyright.gov.
By Telephone
For general information about copyright, call the Copyright
Public Information Office at (202) 707-3000 or 1-877-476-
0778 (toll free). Staff members are on duty from 8:30 am to
5:00 pm, eastern time, Monday through Friday, except federal
holidays. Recorded information is available 24 hours a day.
Copyright Registration for Works of the Visual Arts · 6
U.S. Copyright Office · Library of Congress · 101 Independence Avenue, SE · Washington, DC 20559 · www.copyright.gov
To request paper application forms or circulars, call (202)
707-9100 or 1-877-476-0778 and leave a recorded message.
By Regular Mail
Write to
Library of Congress
Copyright Office–COPUBS
101 Independence Avenue, SE
Washington, DC 20559