Circular 40

a

2 40a.0915

Deposit Requirements

w

for Registration of

Claims to Copyright in

Visual Arts Material 

This circular is a simplified version of the deposit requirements for registering 

claims to copyright in visual arts materials. It should be viewed only as a basic 

guide; the examples on pages 3 and 4 are not meant to be restrictive. For the 

deposit regulations of the Copyright Office, see title 37 of the Code of Federal 

Regulations, sections 202.19, 202.20, and 202.21. 

For instructions on how to register a claim to copyright in visual arts works, 

see Circular 40, Copyright Registration for Works of the Visual Arts. 

Basic Definitions 

It is helpful to know several basic definitions before considering specific 

requirements. 

Complete Copy 

A “complete copy” of an unpublished work is a copy that represents the complete copyrightable content of the work being registered. A complete copy of 

a published work is one that contains all elements of the unit of publication, 

including those which, if considered separately, would not be copyrightable 

subject matter. The copies deposited for registration should be physically 

undamaged. 

Best Edition 

The “best edition” is the edition published in the United States at any time 

before the date of deposit in the Copyright Office that the Library of Congress 

determines to be most suitable for its purposes. Generally, when more than 

one edition is available, the best edition is larger rather than smaller; color 

rather than black and white; and printed on archival-quality rather than lesspermanent paper. See Circular 7b, Best Edition of Published Copyrighted Works 

for the Collections of the Library of Congress, for additional information. 

Identifying Material 

“Identifying material” or “ID material” generally consists of two-dimensional 

reproduction(s) or rendering(s) of a work in the form of photographic prints, 

transparencies, photocopies, or drawings that show the complete copyrightable 

content of the work being registered. 
 

 

 

 

 

 

 

 

Deposit Requirements for Visual Arts Material · 2 

Specifications for Identifying Material 

Copyright Office regulations require the deposit of identifying material instead of copies for three-dimensional works 

and for works that have been applied to three-dimensional 

objects. Examples of such works include sculpture, toys, jewelry, artwork on plates, and fabric or textile attached to or 

part of a three-dimensional object such as furniture. Identifying material must also be submitted for any pictorial, graphic, 

or sculptural work that exceeds 96" in any dimension. 

In certain cases, identifying material is permitted; in other 

cases, it is required. (See table on page 3 and 4.) Identifying 

material should meet the following specifications. 

•	 Type of identifying material: The material should consist of photographic prints, transparencies, photocopies, 

drawings, or similar two-dimensional reproductions or 

renderings of the work in a form visually perceivable 

without the aid of a machine or device. 

•	 Color or black and white: If the work is a pictorial or 

graphic work, the material should reproduce the actual 

colors employed in the work. In all other cases, the material can be in black and white or can consist of a reproduction of the actual colors. 

•	 Completeness: As many pieces of identifying material 

should be submitted as are necessary to show clearly the 

entire copyrightable content of the work for which registration is being sought. 

•	 Number of sets: Only one set of complete identifying 

material is required. note: With respect to threedimensional holograms, contact the Copyright Office for 

additional information. 

•	 Size: Photographic transparencies must be at least 

35mm in size and, if 3" ×3" or less, must be fixed in cardboard, plastic, or similar mounts; transparencies larger 

than 3" ×3" should be mounted. All types of identifying 

material other than photographic transparencies must 

be not less than 3" ×3" and not more than 9" × 12", but 

preferably 8" × 10". The image of the work should show 

clearly the entire copyrightable content of the work. 

•	 Title and dimension: At least one piece of identifying 

material must give the title of the work on its front, back, 

or mount and should include an exact measurement of 

one or more dimensions of the work. 

Copyright Notice 

Before March 1, 1989, the use of 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 and after March 1, 1989, use of the copyright 

notice is optional. 

For a work published with notice of copyright, the notice 

and its position on the work must be shown clearly on at 

least one piece of identifying material. If necessary because 

of the size or position of the notice, a separate drawing or 

similar reproduction can be submitted. Such reproduction 

should be no smaller than 3" ×3" and no larger than 9" × 12" 

and should show the exact appearance and content of the 

notice and its specific position on the work. For more information about copyright notice, see Circular 3, Copyright 

Notice. 

For Further Information 

By Internet 

Online registration, circulars, announcements, regulations, 

all application forms, and other materials are available on 

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. 

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 
 

 

 

 

 

 

 

 

 

 

 

 

 

Deposit Requirements for Visual Arts Material · 3 

Required Deposit 

Nature of Work: Two-Dimensional Published Unpublished 

Advertisements (pictorial) 

Artwork for bed, bath, and table linens or 

for wearing apparel (For example: heat transfer 

or decal already applied to T-shirt) 

Blueprints, architectural drawings, 

mechanical drawings, diagrams 

Book jackets or record jackets 

Commercial print published in 

newspaper or other periodical 

Commercial print or label (For example: flyer, 

label, brochure, or catalog used in connection 

with sale of goods or services) 

Contributions to collective works 

(photographs, drawings, cartoons, and 

so on published as part of a periodical 

or anthology) 

Fabric, textile, wallpaper, carpeting, floor 

tile, wrapping paper, yard goods (if applied 

to three-dimensional work, see below) 

Fabric emblems or patches, decals or 

heat transfers (not applied to clothing), 

bumper stickers, campaign buttons 

Greeting cards, picture postcards, 

stationery, business cards, calendars 

Holograms 

Maps or cartographic material 

Patterns, cross-stitch graphs, stitchery 

brochures, needlework and craft kits 

Pictorial or graphic works (For example: 

artwork, drawings, illustrations, paintings) 

Pictorial or graphic works fixed only 

in machine-readable form 

Posters, photographs, prints, brochures, 

exhibition catalogs 

“Limited edition” posters, prints, or etchings 

(published in quantities of fewer than 5 

copies, or 300 or fewer numbered copies if 

individual author is owner of copyright) 

1 copy as published or prepublication 

camera-ready copy 

ID material preferred in all cases; ID 

material required if copy cannot be folded 

to 4" thickness or less; 1 copy permitted if 

it can be folded to 4" thickness or less 

1 complete copy 

1 complete copy 

1 copy of entire page or pages 

1 complete copy 

1 complete copy of best edition of entire collective 

work; complete section containing contribution 

if published in newspaper; entire page containing 

contribution; contribution cut from newspaper; 

or photocopy of contribution as published 

1 complete copy (or swatch) showing 

design repeat and copyright notice, if any 

1 complete copy 

1 complete copy 

1 actual copy if image is visible without 

aid of machine or device; otherwise 2 

sets of display instructions and 2 sets 

of ID material showing displayed image 

1 copy of CD-ROM if work published 

in that format; otherwise, 2 complete 

copies 

1 complete copy 

2 complete copies 

ID material 

2 complete copies 

1 copy or ID material 

1 photocopy, proof, 

drawing, copy, or layout 

same as published 

1 copy 

1 copy 

1 copy 

1 complete copy (or ID 

material if work has not 

been fixed in repeat) 

1 copy or ID material 

1 copy or ID material 

1 copy or display 

instructions and ID 

material of image 

1 copy of CD-ROM if 

work fixed in that format; 

otherwise, 1 complete 

copy or ID material 

1 copy or ID material 

ID material 

1 copy or proof, photocopy, 

contact sheet 

Oversize material (exceeding 96" in any dimension) ID material ID material 
U.S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · www.copyright.gov

 

 

 

 

 

 

 

Nature of Work: Three-Dimensional Published Unpublished 

Artwork or illustrations on 3-d objects 

(For example: artwork on plates, mugs) 

Fabric or textile attached to or part of 

3-d object (such as furniture) 

Games 

Globes, relief models, or relief maps 

Jewelry 

Pictorial matter and/or text on box or 

container that can be flattened (contents 

of container are not claimed) 

Prints or labels inseparable from 3-d object 

(For example: silk screen label on a bottle) 

Sculptures, toys, dolls, molds, relief plaques, 

statues 

Sculpture (For example: doll) in box with 

copyrightable pictorial and/or textual material; 

claim in sculpture and artwork/text 

ID material 

ID material 

1 complete copy if container is 

no larger than 12" × 24" × 6"; 

otherwise, ID material 

1 complete copy, including stand 

(ID material not acceptable) 

ID material or 1 copy if fixed only in 

form of jewelry cast in base metal not 

exceeding 4" in any dimension 

1 copy of box or container if it can be 

flattened or 1 paper label 

ID material 

ID material 

ID material for sculpture plus 

1 copy of box and any other 

printed material 

ID material 

ID material 

1 copy if container is no 

larger than 12" × 24" × 6" 

or ID material* 

1 complete copy or 

ID material* 

same as published 

1 copy or ID material* 

ID material 

ID material 

ID material for 

sculpture plus copy of 

box or ID material* 

Oversize material (exceeding 96" in 

any dimension) 

ID material ID material 

* Because storage space is limited, the Copyright Office prefers ID material rather than a copy in these cases. 

Nature of Work: Architectural Unconstructed Building Constructed Building 

To be eligible for copyright protection, 1 complete copy of architectural 1 complete copy as 

architectural works must have been created drawing or blueprint showing overall described at left plus 

on or after December 1, 1990, or have been form of building and any interior ID material in form of 

unconstructed and embodied only in arrangement of spaces and/or design photographs clearly 

unpublished drawings as of that date. elements in which copyright is claimed identifying the architectural 

(See Circular 41, Copyright Claims in work being registered 

Architectural Works, for more information.) 

circular 40a reviewed: 09 / 2015 Printed on recycled paper u.s. government publishing office: 2015-xxx-xxxx / xx,xxx