summarize the deposit requirements for these types of works. For detailed information on the copyrightability and registration of visual arts works, see Chapter 900.
1509.3(A) Two-Dimensional Visual Arts Works
1509.3(A)(1) Unpublished Works
To register an unpublished pictorial or graphic work, the applicant may submit identifying material instead of submitting an actual copy of the work. 37 C.F.R. § 202.20(c)(2)(iv). For information concerning the requirements for identifying material, see Section 1509.3(C).
NOTE: There is a limited exception to this rule for unpublished works fixed solely in a CD-ROM, which are discussed in Section 1509.3(A)(11).
1509.3(A)(2) Published Works
To register a pictorial or graphic work first published in the United States, the applicant generally should submit two complete copies of the best edition.
NOTE: There are several exceptions to this rule, that are discussed in Sections 1509.3(A)(3) through 1509.3(A)(12).
1509.3(A)(3) Certain Limited Editions
This Section discusses the deposit requirements for certain visual arts works that are published in a limited edition.
If an individual author owns the copyright in the work, the applicant may submit one complete copy of the best edition, or in alternative, the applicant may submit identifying material, provided that one of the following conditions has been met:
• Less than five copies of the work have been published; or
• The work has been published and sold or offered for sale in a limited edition consisting of no more than 300 numbered copies.
37 C.F.R. § 202.20(c)(2)(iv). For information concerning the requirements for identifying material, see Section 1509.3(C).
1509.3(A)(4) Works Reproduced in Sheet-like Materials
This Section discusses the deposit requirements for pictorial or graphic works that are reproduced solely in "sheet-like material." This category includes two-dimensional works that are fixed and/or published in the following types of material:
• Textiles and other fabrics.
• Wallpaper and similar commercial wall coverings.
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12/22/2014
