How to Copyright Artwork

Registering the copyright for your work of art is a great way to protect your intellectual property rights. Find out how registration works, how it helps you, and more.

Find out more about Copyrights

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how to copyright artwork

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Updated on: July 31, 2024
Read time: 3 min

Like anything else that can be copyrighted, artwork is protected by copyright when the art is affixed in a tangible form (such as a painting, sculpture, or drawing). You have to register your copyright with the U.S. Copyright Office if you want to be able to take infringers to court and be awarded damages.

Artwork is copyrightable if it meets the following criteria:

  • It must be your original work: it must originate with you and show some minimal amount of creativity.
  • It must be fixed in a tangible object, such as paper, a canvas, or a digital medium. It cannot merely be an idea for a work of art.

Artwork does not need to have artistic merit to receive copyright protection.

If artwork is contained in a “useful article,” the artistic elements of the article can receive copyright protection, but the utilitarian aspects may not. For example, if you design a lamp with a sculpture in its base, the sculpture can be copyrighted, but the utilitarian aspects of the lamp cannot.

If you buy a piece of artwork, you will own the art, but you will not own the copyright to it unless the artist has specifically transferred the copyright to you.

You have a copyright in your artwork as soon as it has been created and fixed in a tangible object. It does not need to be registered with the copyright office or have a copyright notice attached to receive copyright protection. A copyright lasts for the life of the artist, plus 70 years after the artist’s death.

The owner of the copyright in a piece of artwork has the exclusive right to make copies, to sell or distribute copies, to prepare derivative works based on the copyrighted artwork, and to publicly display the artwork. 

Types of artwork that can be copyrighted

Many types of artwork are entitled to copyright protection, including:

  • Artwork that is applied to fabric, T-shirts, or other clothing
  • Decals and stickers
  • Cartoons and comic strips
  • Collages
  • Drawings, paintings, and murals
  • Greeting cards, postcards, and stationery
  • Jewelry designs
  • Patterns and kits for sewing, knitting, crochet, and needlework
  • Original prints and posters
  • Sculpture

You don’t have to register your copyright with the U.S. Copyright Office to receive copyright protection. However, registration has several important advantages:

  • Registration establishes a record of your copyright ownership.
  • You must register before you can sue someone for copyright infringement. 
  • If you register your copyright within three months of publication or before an infringement occurs, you are entitled to statutory damages and your legal fees in a copyright infringement lawsuit. Statutory damages allow you to recover money without proving the monetary value of your loss or the infringer’s profits.
  • If you register your copyright, you can also register with the U.S. Customs Service to receive protection against imports of infringing copies.

The U.S. Copyright Office requires you to submit three things to register a copyright:

  • Either an online application or a paper application. Online applications have a lower filing fee and a faster processing time.
  • A separate filing fee for online applications and paper applications.
  • A copy or copies of your work. These will not be returned to you. In some instances, such as three-dimensional works, you must submit photographs or other identifying documents instead of submitting the artwork itself. The copyright office website has details about the number and type of copies you must submit for various types of artwork.
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

51 days ago
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Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
52 days ago
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Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
58 days ago
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Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
63 days ago
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Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
107 days ago
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So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

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101 days ago
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Walked me through the process to register my copyright. Made everything quick and easy!

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120 days ago
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Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

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147 days ago
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155 days ago
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Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
163 days ago
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Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

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318 days ago
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Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

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559 days ago
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Legal Zoom Delivers On Their Promises!

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1197 days ago
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1303 days ago
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Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1581 days ago
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Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1741 days ago
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LegalZoom's Guidance is the best

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