w

Circular 40

2 40.0706

Copyright Registration 

for Works of

the Visual Arts

General Information

Copyright is a form of protection provided by the laws of the United States to 

the 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, to prepare derivative works, to sell or distribute copies, and 

to 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.

Copyright Protection Is Automatic

Under the present copyright law, which became effective January 1, 1978, a work 

is automatically protected by copyright when it is created. A work is created 

when it is “fixed” in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the present law.

Advantages to Copyright Registration

There are, however, certain advantages to registration, including the establishment of a public record of the copyright claim. Copyright registration must 

generally be made before an infringement suit may be brought. Timely registration may also provide a broader range of remedies in an infringement suit.

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 the copyright notice is optional. For more information about copyright notice, request 

Circular 3, Copyright Notice.
Publication

The 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 persons for purposes of further distribution or public display also constitutes publication. 

A public display does not of itself constitute publication.

A work of art that exists in only one copy, such as a painting or statue, is not regarded as published when the single 

existing copy is sold or offered for sale in the traditional way, 

for example, 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 

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.

Publication is an important concept in copyright because, 

among other reasons, whether a work is published or not 

may 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-dimensional and threedimensional works of fine, graphic, and applied art. The 

following is a list of examples of such works:1

• 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 wallcovering 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 drawings, architectural drawings or plans, blueprints, diagrams, mechanical drawings

• Weaving designs, lace designs, tapestries

Copyright protection for an original work of authorship 

does not extend to the following:

• Ideas, concepts, discoveries, principles

• Formulas, processes, systems, methods, procedures

• Words and 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, for example, an ornamental wheel cover on a 

vehicle.

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. 

2 · Copyright Registration for Works of the Visual Arts
Some designs of useful articles may qualify for protection 

under the federal patent law. For further information, contact the Patent and Trademark Office at Commissioner of 

Patents & Trademarks, U S Patent & Trademark Office, P O Box 

1450, Alexandria, VA 22313-1450 or via the Internet at www.

uspto.gov. The telephone number is (800) 786-9199 and the 

tty number is (571) 272-9950. The automated information 

line is (571) 272-1000.

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 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

If you choose to register a claim in your work, package 

together the following materials in the same envelope:

1 A properly completed application form

2 A nonreturnable deposit of the work to be registered, and

3 A nonrefundable filing fee* in the form of a check or 

money order payable to the Register of Copyrights with 

each application

*note: Copyright Office fees are subject to change. 

For current fees, please check the Copyright Office website 

at www.copyright.gov, write the Copyright Office, or call 

(202) 707-3000.

Send the items to:

Library of Congress

Copyright Office

101 Independence Avenue SE

Washington, DC 20559-6000

Application Form

Form VA is the appropriate form for registration of a work 

of the visual arts. The form should be completed legibly with 

black ink or type. Do not use pencil or send a carbon copy. 

All pertinent information should be given on the basic application form. 

If you photocopy our forms, be sure that they are legible 

and printed head-to-head so that when you turn the sheet 

over, the top of page 2 is directly behind the top of page 1. Do 

not send two-page photocopies. The application must bear 

an original signature in ink. A continuation sheet supplied by 

the Copyright Office should be used only when all necessary 

information cannot be recorded on the basic form. No other 

attachments will be accepted. For information on ordering 

application forms and circulars, see “For Further Information” on page 6 of this circular.

Deposit Requirements

Circular 40a, Deposit Requirements for Registration of Claims 

to Copyright in Visual Arts Material, provides a basic guide 

about material that should be sent when registering a claim. 

Circular 40a also defines basic terms such as “complete copy,” 

“best edition,” and “identifying material.” The following is a 

general 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.

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 three-dimensional 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 may be 

either 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 may 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 additional information on what is permitted or 

required for registration of certain kinds of visual arts works, 

see the Code of Federal Regulations, sections 202.19, 20, and 

21, which contains the deposit regulations of the Copyright 

Office (www.copyright.gov/title37/202/index.html).

Deposits cannot be returned.

Registration for Two or More Works 

with One Application and Fee

Two or more individual works may be registered with one 

application and fee as follows:

Unpublished Works

A group of unpublished works may 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 may 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 for a group of published photographs 

can be made if:

• All the photographs were taken by the same photographer, 

regardless of whether the author is an individual or an 

employer for hire.

• All the phonographs were first published in the same calendar year.

• All the photographs have the same copyright claimant(s).

Group Registration of Contributions to Periodicals

A single registration may be made for a group of contributions to periodicals if all the following conditions are met.

• All the works have the same copyright claimant.

• All the works are by the same author.

• The author of each work is an individual, not an employer 

or other person for whom the work was made for hire.

• Each work was first published as a contribution to a periodical (including newspapers) within a 12-month period.

• The application identifies 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.

Such contributions are registered on Form VA accompanied by Form GR/CP (group registration of contributions to 

periodicals). Examples of works eligible for such a group registration include cartoon strips, newspaper columns, horoscopes, photographs, drawings, and illustrations.

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, under the conditions 

described above under “Published Works” and “Group RegisCopyright Registration for Works of the Visual Arts · 4
tration of Contributions to Periodicals,” certain group registrations may be made with one application and fee.

Mandatory Deposit for Works Published 

in the United States

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 3 months of publication in the 

United States two complete copies or phonorecords of the 

best edition. 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 CFR 202.19, 20, and 21 at www.

copyright.gov/title37/202/index.html)

Copies deposited for the Library of Congress under the 

mandatory deposit provision may also be used to register the 

claim to copyright but only if they are accompanied by the 

prescribed application and fee for registration. For further 

information about mandatory deposit, request Circular 7d, 

Mandatory Deposit of Copies or Phonorecords for the Library 

of Congress.

Effective Date of Registration

A copyright registration is effective on the date the Copyright 

Office receives all the required elements in acceptable form, 

regardless of how long it then takes to process the application and mail the certificate of registration. The time the 

Copyright Office requires to process an application varies, 

depending on the amount of material the Office is receiving.

If you apply for copyright registration, you will not 

receive an acknowledgment that your application has been 

received (the Office receives more than 600,000 applications 

annually), but you can expect

• A letter or a telephone call from a Copyright Office staff 

member if further information is needed or

• A certificate of registration indicating that the work has 

been registered, or if the application cannot be accepted, a 

letter explaining why it has been rejected.

If you want to know the date that the Copyright Office 

receives your material, send it by registered or certified mail 

and request a return receipt.

Moral Rights for Visual Artists

For certain one-of-a-kind visual art and numbered limited 

editions of 200 or fewer copies, authors are accorded rights 

of attribution and integrity. The right of attribution ensures 

that artists are correctly identified with the works of art they 

create and that they are not identified with works created by 

others. The right of integrity allows artists to protect their 

works against modifications and destructions that are prejudicial to the artists’ honor or reputation. These rights may 

not be transferred by the author, but they may be waived in 

a written instrument. Transfer of the physical copy of a work 

of visual art or of the copyright does not affect the moral 

rights accorded to the author.

For works of visual art incorporated in a building, special 

rules apply. If the owner of a building desires to remove such 

a work from the building and removal is possible without 

destruction, the owner is required to accord the author the 

opportunity to make the removal himself. A registry is established within the Copyright Office to record information 

relevant to this obligation. Both owners of buildings and 

authors of visual art incorporated in buildings may record 

statements in the registry. For further information, see Visual 

Arts Registry, (37 CFR 201.25) at www.copyright.gov/title37/

201/37cfr201-25.html.

5 · Copyright Registration for Works of the Visual Arts
Design & photography by Charles Gibbons

For Further Information

Information via the Internet

Circulars, announcements, regulations, other related materials, and all copyright application forms are available from the 

Copyright Office website at www.copyright.gov.

Information by telephone

For general information about copyright, call the Copyright Public Information Office at (202) 707-3000. The tty 

number is (202) 707-6737. 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. Or, if you know which application forms and 

circulars you want, request them 24 hours a day from the 

Forms and Publications Hotline at (202) 707-9100. Leave a 

recorded message.

Information by regular mail

Write to:

Library of Congress

Copyright Office

Publications Section

101 Independence Avenue SE

Washington, DC 20559-6000

Endnote

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 registration of architectural works, use Form VA. 

Request Circular 41, Copyright Claims in Architectural Works, for more 

information.

circular 40 rev: 07 ⁄ 2006 print: 07 ⁄ 2006 — xx,000 Printed on recycled paper u.s. government printing office: 2006-310-••• ⁄ 60,•••

U.S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559-6000 · www.copyright.gov