copyright-circulars-circular-40a•Deposit Requirements for Registration of Claims to Copyright in Visual Arts Material
Deposit Requirements for Registration of Claims to Copyright in Visual Arts Material
copyright-circulars-circular-40aDeposit Requirements for Registration of Claims to Copyright in Visual Arts MaterialGuidance
Circular 40a2 40a.0915 w Deposit Requirements 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 Complete Copy A “complete copy” of an unpublished work is a copy that represents the com plete copyrightable content of the work being registered.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 less- permanent 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 identify ing 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, jew elry, artwork on plates, and fabric or textile attached to or part of a three-dimensional object such as furniture. Identify ing 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 con sist 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 mate rial can be in black and white or can consist of a repro duction 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 regis tration is being sought. • Number of sets: Only one set of complete identifying material is required. note: With respect to three- dimensional 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 card board, 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 man datory 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 infor mation 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
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