New Copyright Office Rule Eases Path to Protection for Visual Artists

Securing federal protection for two-dimensional (“2D”) artwork just got a little easier. In a new rule issued by the Copyright Office, artists can protect up to twenty 2D works under a single registration called a Group Registration for Two-Dimensional Artwork (“GR2D”).

GR2D Eligibility 

To be eligible for protection under the GR2D, the works must be 2D such as paintings, drawings, and logos. Additionally, the works must have been published as defined by law. According to the Copyright Act:

“Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication. 17 U.S.C. § 101. 

Generally, we consider publication to be the moment when a work is made available to the public by sale and/or distribution. All the works under the GR2D must have been published in the same calendar year (for example January 1, 2026 – December 31, 2026) and each work must have been created by the same one author. Works created by joint authors will not be accepted under the GR2D. 

Naturally, three-dimensional works such as sculptures and architectural works are not eligible for protection under the GR2D. It is worth noting that, despite being a 2D work, photographs are not protectable under the GR2D. The Copyright Office has another group registration specifically for photographs based on whether or not they have been published. Larger artworks that comprise individual works such as catalogs, graphic novels, comic books, and calendars are similarly ineligible. But 2D artwork that contains photographs such as collages featuring a mix of photographs, text, and drawings are GR2D eligible.

Before the GR2D

Before the GR2D, artists wanting to protect multiple 2D faced fewer options. Artists could file a single application per published work and pay a per-work filing fee. Alternatively, an artist could file for protection under the Group Registration for Unpublished Works (“GRUW”), but as the title suggests, the works must be unpublished. This requirement can complicate the process for artists who consider copyright protection after making a work available to the public. Additionally, a single GRUW only offers protection for up to ten works and all the works must be the same type of work. While the GR2D is restricted to 2D works, the application does not restrict the type of 2D work. This means that a GR2D could include a variety of 2D works such as drawings, paintings, and fabric patterns. In contrast, a GRUW requires that all the works be drawings or paintings or fabric patterns; mixing the types of work is not allowed. With this new rule, artists have a more streamlined and cost-effective way to secure federal copyright protection for their 2D works. Federal registration provides authors with particular benefits such as the ability to sue for infringement in federal court, but such protection is also relevant to licensing, especially licensing art. Not only does owning a federal copyright registration protect your original work, but it can also function as an asset to your business. If you’re wondering whether copyright protection is right for your work, please contact Trellis Legal for our IP audit and other copyright services.

DISCLAIMER: This blog post is meant for informational purposes only and does not constitute specific legal advice or create an attorney-client relationship. Readers should discuss their specific situation and considerations with an attorney.