HOW TO COPYRIGHT VISUAL ARTS by ResearchCopyright.com

In the United States, whenever a work is completed in a tangible form, either as a physical item or as a piece computer code, it is under copyright protection. This is no different for visual arts, such as paintings or pictures.

When you produce an original work, such as artwork, your work is automatically protected under U.S. copyright law immediately upon creation. Many artists decide to register a copyright because it offers added legal benefits. The big advantage is Copyright registration is required for a U.S. citizen or resident to file suit for infringement.

In the United States, you can register a new copyright with the Copyright Office. Simply complete an application for your create work(s). Each application must include three steps; they are:

1. The completed application form.

2. The filing fee.

3. A non-returnable deposit of the work being registered (a copy of the book, music composition, artwork, images, paintings, etc.)

As soon as you register your work, the Copyright Office makes it effective on that day, regardless of how long the Office takes to process the application and mail you the certificate of registration. When registering a copyright for Visual Arts, you have three options available:

1. Online Registration.

2. Registration With Fill-In Form CO.

3. Registration With paper Forms.

You can find details about all three filing methods at www.copyright.gov/eco/.

1. Online Registration:

Filing online offers several advantages over the other two filing methods, mainly a lower filing fee, faster processing time, the ability to track the process of the filing online, and the ability to pay via credit or debit card, as well as electronic check.

If you use this route, you have to mail in a non-returnable deposit of the work being copyrighted if it's already published, you can also want to submit an electronic version of the work. As of this writing, the fee for using this option is $35.

2. Registration With Fill-In Form CO:

This method of registration is a combination of the first method and the third method. Visit the Copyright Office's website at http://www.copyright.gov/ and obtain the form CO at http://www.copyright.gov/forms/formco2d.pdf. This form contains a barcode that is readable by the Copyright Office. Complete this form on a PC, print it out, and mail it in, along with a check for $50 (the fee for form CO at press time) and mail them in along with the non-returnable deposit of the work. If the CO form becomes damaged or unreadable at the Copyright Office, the Office will levy a normal paper filing fee of $65.

Make sure you do not reuse the same CO form for other registrations. Each form has a unique barcode for that registration. If you reuse the same form, even if the text on the page is different, the barcode is the same barcode which was generated for the original filing.

3. Registration With Paper Forms:

The forms needed to register a work with paper forms are available on the website, but can also be sent by postal mail upon request. For Visual Arts, you must use Form VA. Of all of the types of registration, this is the most expensive at $65. Payable by check.

Send the paper applications and any hard copies to the Library of Congress' Copyright Office at:

Library of Congress

U.S. Copyright Office-VA

101 Independence Avenue SE

Washington, DC 20559-6211

For Visual Arts works, you must make sure the ZIP is set to 6211 so it is routed to the correct branch of the Copyright Office. Failing to do that may make processing take longer. If you are sending your hard copy deposit after registering with online, make sure to include a letter detailing the specific information needed so the office knows what to do with your deposit.

Once you have filed the paperwork with the Copyright Office, you should place the following three elements:

2. The year the publication was first published. If the work is a compilation containing material that was previously published, the year of the compilation is enough.

3. The name of the copyright owner.

Remember, if you choose to file for a copyright or not, your work is copyrighted upon creation of your work. You can place the following copyright notice on your work, which may look something like this: © 2011 John Doe. All rights reserved.

This is for "visually perceptible copies"—for sound recordings, the © symbol is not used, instead the letter P in a circle is used to denote sound recordings.

In the United States for works created after January 1, 1978 copyright lasts for the author's life plus 70 years. For works made for hire, anonymous, and pseudonymous works (unless the real author's identity is listed in the Copyright Office's records) the duration is 95 years from the date of publication or 120 years from the creation of the work, whichever comes first.