How to Copyright Visual Arts

US copyright law provides for the coverage and protection of works of visual art. Obviously, this is a term with a lot of possible interpretations, so it’s important to understand just what is covered by this section of the law. The law defines works of the visual arts as “original works of authorship including pictorial, graphic, and sculptural works”. Whoever establishes a copyright for a work of visual art has the sole right to create and distribute copies of that work, unless he or she grants this permission to others. Such a copyright is actually established immediately upon the creation of a work of visual art, but there are some advantages to be had for those who register, including an increased number of options that you may undertake in the event of infringement disputes.

Of great interest to the matter of copyright works of visual art is what constitutes such a work, and what counts as publication or distribution (in other words, what rights are retained by the copyright holder).

Paintings, sculptures, and other works of art that have only one copy aren’t usually considered “published” just because they are exhibited or displayed in public. Even when they are sold in some manner, they aren’t considered published. Rather, it’s only when they are reproduced in derivative prints or castings and then those reproductions are distributed publicly that such works are said to be published. It’s important to distinguish whether or not your creation counts as “published” because this can have a huge effect on what is required or not required in order to properly register the copyright for it.

Works of visual art can include a huge number of particulars. It is a very broad term that can include pictorial works or drawings such as: advertisements, artwork intended for clothing, stickers or decals, cartoons, collages, drawings, paintings, murals, fabric designs, greeting cards, poster, and any number of 2d representations of a graphic work. It can also cover sculptural creations such as artificial plants, traditional sculptures, mosaics, jewelry designs, articles of clothing, stencils. Non-traditional works such as holographic imagery and computer-generated artwork also qualifies, as well as things that aren’t usually thought of as “art” such as technical drawings and blueprints.

There are certain interesting limitations upon copyrights for works of visual arts. The main limitations are on which aspects of a work are covered and protected. Namely, the following aspects cannot be copyrighted: abstract ideas or concepts, formulas or procedures, short phrases, names, or variations upon lettering or coloring. Basically, the core elements of a work are what constitute the protected elements, rather than the superficial trappings.

Also of note are objects of visual art that also possess a secondary function as a “useful article”. This would include things like a sculpture that works as a chair, or a piece of clothing. In these instances, the artistic or unique aspects of a creation would be copyrighted (such as the design carved into the chair, or the design of the clothing), but not the practical purpose that it fulfills (such as the concept of “being a seat” or “being a shirt”).