w

Circular 40

2  40.0708

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 can be brought. Timely registration can 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.
  ·  Copyright Registration for Works of the Visual Arts

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, 

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 

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- and three-dimensional 

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 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 the following:

• 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, 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. 
  ·  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, visit 

the 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 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.

Here are the options for registering your copyright, beginning with the fastest and most cost-effective method.

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.

Option 1: Online 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

• fastest processing time

• online status tracking

• secure payment by credit or debit card, electronic check, 

or Copyright Office deposit account

• the ability to upload certain categories of deposits directly 

into eCO as electronic files

note: You can still register using eCO and save money even if

you will submit a hard-copy deposit, which is required under

the mandatory deposit requirements for published works.

The system will prompt you to specify whether you intend to

submit an electronic or a hard-copy deposit, and it will provide

instructions accordingly.

Basic claims include (1) a single work; (2) multiple unpublished works if they are all by the same author(s) and owned 

by the same claimant; and (3) multiple published works if 

they are all first published together in the same publication 

on the same date and owned by the same claimant.

To access eCO, go to the Copyright Office website at www.

copyright.gov and click on electronic Copyright Office.

Option 2: Registration with Fill-In Form CO

The next best option for registering basic claims is the new 

fill-in Form CO. Using 2-d barcode scanning technology, the 

Office can process these forms much faster and more efficiently than paper forms completed manually. Simply complete Form CO on your personal computer, print it out, and 

mail it along with a check or money order and your deposit. 

To access Form CO, go the Copyright Office website and click 

on Forms.

Option 3: Registration with Paper Forms

Paper versions of Form VA (visual arts works) and Form 

CON (continuation sheet for paper applications) are still 

available on paper. These paper forms are not accessible on 

the Copyright Office website; however, staff will send them 

to you by postal mail upon request. Remember that online 

registration through eCO and fill-in Form CO (see above) 

can be used for visual arts works.

Effective Date of Registration

A copyright registration is effective on the date the Copyright 

Office receives all the required elements in acceptable form. 

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 (the Office receives 

more than 600,000 applications annually), 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.
  ·  Copyright Registration for Works of the Visual Arts

The Copyright Office cannot honor requests to make 

certificates available for pickup or to send them by Federal 

Express or another express mail service. If you want to know 

the date that the Copyright Office receives your paper application or hard-copy 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, 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 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 may 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 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 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 
  ·  Copyright Registration for Works of the Visual Arts

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 photographs were first published in the same calendar year.

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

Use Form GR/PPh/CON, available on the Copyright 

Office website, to register groups of published photographs. 

This form must be completed on paper and mailed to the 

Copyright Office with the appropriate fee and deposit. At 

this time, group registration of published photographs is not 

available through online registration (eCO) or on Form CO.

Group Registration of Contributions to Periodicals

A single registration can 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.

Use Form GR/CP, available on the Copyright Office website, to register groups of contributions to periodicals. This 

form must be completed on paper and mailed to the Copyright Office with the appropriate fee and deposit. At this 

time, group registration of contributions to periodicals is 

not available through online registration (eCO) or on Form 

CO. 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 Registration 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 three 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 the Code of Federal Regulations, 

sections 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 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 further 

information about mandatory deposit, see Circular 7d, Mandatory Deposit of Copies or Phonorecords for the Library of 

Congress.

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 him or herself. 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 C.F.R. §201.25) at www.copyright.gov/title37/

201/37cfr201-25.html.

Mailing Address for Visual Arts 

Applications Filed on Paper

Library of Congress

U.S. Copyright Office

101 Independence Avenue, SE

Washington, DC 20559-6211

For Further Information

By Internet

Circulars, announcements, regulations, certain 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. 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. If you want to request paper 

application forms or circulars, call the Forms and Publications 

Hotline at (202) 707-9100 and leave a recorded message.

By Regular Mail

Write to

Library of Congress

Copyright Office–COPUBS

101 Independence Avenue, SE

Washington, DC 20559-6304

Note

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. See Circular 41, Copyright Claims in Architectural Works, 

for more information.

circular 40 rev: 07⁄2008 print: 07⁄2008—xx,000 Printed on recycled paper u.s. government printing office: 2008-xxx-xxx⁄xx,xxx

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

  ·  Copyright Registration for Works of the Visual Arts