Cartoons and Comic Strips

Circular 44

44.1015

Cartoons and

Comic Strips

U.S.

protection of literary and artistic works. Copyright protection begins automati-

cally when a work is first created in a fixed form. Cartoons and comic strips are

among the types of works of authorship protected by copyright. This protec-

tion extends to any copyrightable pictorial or written expression contained

in the work. Thus a drawing, picture, depiction, or written description of a

character can be registered for copyright. Protection does not, however, extend

to the title or general theme for a cartoon or comic strip, the general idea or

name for characters depicted, or their intangible attributes. Although the copy-

right law does not provide such protection, a character may be protected under

aspects of state, common, or trademark laws, and titles and names may some-

times be protected under state law doctrines or state and federal trademark

laws. Consult an attorney for details.

A cartoon or comic strip can be registered as a visual arts work or a literary

work, depending on the nature of the work and the way it is presented. Gener-

ally, cartoons are considered works of the visual arts; however, if textual ele-

ments are preponderant in a cartoon or comic strip, it should be registered as a

literary work.

An application for copyright registration contains three essential elements:

a completed application form, a nonrefundable filing fee, and a nonreturnable

deposit—that is, a copy or copies of the work being registered and “deposited”

with the

U.S.

There are two ways to apply for copyright registration. Online registration

through the electronic Copyright Office (e

) is the preferred way to register

basic claims for literary works; visual arts works; performing arts works, includ-

ing motion pictures; sound recordings; and single serials. Advantages of online

filing include a lower filing fee; the fastest processing time; online status track-

ing; secure payment by credit or debit card, electronic check, or Copyright

Office deposit account; and the ability to upload certain categories of deposits

directly into e

as electronic files. To access e

, go to the Copyright Office

website and click on Register a Copyright.

You can also apply using paper forms. To access fill-in versions of Form

(visual arts), Form

(literary works), and Form

CON

(continuation

sheet for paper applications), go to the Copyright Office website and click on

Publications, then Forms. Complete the form(s) on your personal computer,

print them out, and mail them with a check or money order and a deposit.

Cartoons and Comic Strips · 2

Blank forms can also be printed out and completed by hand

or requested by postal mail (limit two copies of any one form

by mail).

note: Copyright Oce fees are subject to change. For current

fees, check the Copyright Oce website at www.copyright.gov,

write the Copyright Oce, or call (202) 707-3000.

Deposit Requirements

The deposit requirements for cartoons and comic strips will

vary in particular situations. The general requirements are

as follows:

• If the work is unpublished, one complete copy.

• If the work was first published in the United States

before January 1, 1978, two complete copies of the work

as first published.

• If the work was first published in the United States on

or after January 1, 1978, two complete copies of the best

edition.

• If the work was first published outside the United States,

whenever published, one complete copy of the work as

first published.

• If the work is a contribution to a collective work and

first published on or after January 1, 1978, one of the

following: one complete copy of the best edition of the

entire collective work, the complete section containing

the contribution if published in a newspaper, the entire

page containing the contribution, the contribution cut

from the paper in which it appeared, or a photocopy of

the contribution itself as it was published in the collective

work. If first published before January 1, 1978, one

complete copy of the issue as first published containing

the contribution.

Registration of Collections and Contributions

A single registration can be made for cartoons published as

a unit (for example, a comic book), provided that the copy-

right claimant is the same for all elements in the unit.

Two or more unpublished cartoons or comic strips can be

considered for registration as a unit on a single application

when submitted with a nonrefundable filing fee and a nonre-

turnable deposit of the work if the following four conditions

are met:

• the selections are assembled in an orderly form;

• the combined selections bear a single title identifying the

collection as a whole;

• the copyright claimant in all the selections and in the col

lection as a whole is the same; and

• all the selections are by the same author, or, if they are by

different authors, at least one of the authors has contrib-

uted copyrightable authorship to each of the selections.

Works registered as a collection will be recorded in the

records of the Copyright Office only under the collection

title. Copyright registration of cartoons and comic strips

extends only to copyrightable selections deposited at the time of

registration. There is no blanket registration that will cover

works to be produced in the future.

A cartoon or comic strip published as a contribution to

a periodical (for example, a magazine or newspaper) may

be considered for group registration if certain conditions

are met. Contact the Copyright Office for information and

instructions on group registration for contributions

to periodicals.

Notice of Copyright

Before March 1, 1989, the use of a 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 after March 1, 1989, the copyright notice is

optional. For details, see Circular 3, Copyright Notice.

Eective Date of Registration

When the Copyright Office issues a registration certificate, it

assigns as the effective date of registration the date it received

all required elements—an application, a nonrefundable

filing fee, and a nonreturnable deposit—in acceptable form,

regardless of how long it took to process the application and

mail the certificate.

You do not have to receive your certificate before you

publish or produce your work, nor do you need permis

sion from the Copyright Office to place a copyright notice

on your work. However, the Copyright Office must have

acted on your application before you can file a suit for copy-

right infringement, and certain remedies, such as statutory

damages and attorney’s fees, are available only for acts of

infringement that occurred after the effective date of regis-

tration. If a published work was infringed before the effective

Cartoons and Comic Strips · 3

date of registration, those remedies may also be available if

the effective date of registration is no later than three months

after the first publication of the work.

The time the Copyright Office requires to process an

application varies, depending on the amount of material

the Office is receiving and the method of application. If you

apply online for copyright registration, you will receive an

email notification when your application is received. If you

apply on a paper form, you will not receive an acknowledg

ment of your application, but you can expect a certificate of

registration indicating that the work has been registered; a

letter or a telephone call from the Copyright Office if fur-

ther information is needed; or, if the application cannot be

accepted, a letter explaining why it has been rejected.

The Copyright Office cannot honor requests to make

certificates available for pickup or to send them by express

mail. If you want to know the date that the Copyright Office

receives your paper application or your deposit, use regis

tered or certified mail and request a return receipt.

For Further Information

By Internet

Online registration, circulars, announcements, regulations,

other related materials, and all copyright application forms

are available from the Copyright Office website at www.

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

COPUBS

101 Independence Avenue

Washington,

20559

Cartoons and Comic Strips 4

U. S. Copyright Oce · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · www.copyright.gov

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