The Copyright Act of 1976 provides for protection of advertisements if they exhibit original intellectual effort in conception, composition, and arrangement. The advertisement does not need to have high artistic or literary merit. Pictures used in advertising that have the least degree of originality or artistic merit are entitled to copyright protection. This protection also extends to written advertisements.
An advertisement published in a newspaper or magazine is treated differently than the copyright protection available to that actual newspaper or magazine itself. A copyright notice protects all copyrightable matter contained in a newspaper or periodical, but does not protect advertisements contained therein.