A Complete Guide on Copyright for Artistic Work in India
Copyright for Artistic Work in Indian is freedom given by the Copyright Law to the creator of artistic work. It protects the creator’s right over their invention or creation, subsequently shielding and rewarding creativity. Copyright safeguards the expression of an idea in the form of unique and distinctive creative work, not the ideas themselves. Copyright for Artistic Work protects all the original artwork and what is need for Copyright Registration in artistic creation, i.e., originality or uniqueness. Artistic Work means:
- A Drawing;
- A Painting;
- A Sculpture;
- An Architecture Work;
- A photograph or an inscription or design;
- Any different work of Artistic Craftsmanship.
It helps the creator protect their artistic creations, including woodworks, crafts, jewellery making, pottery, etc. Once the original creator copyrights their original work or creation, they can reproduce, publish, or modify the work as per their requirements. They can also plan to connect with the general public regarding your copyright in artwork creation. Scroll down to check detailed information regarding the Copyright for Artistic Work in India.
Pivotal Components of Copyright for Artistic Work
There are certain essential components required to be considered for Copyright for Artistic Work and avoid Copyright Infringement while creating your artistic work.
- Duration of Protection: The validity of Copyright Registration is for lifetime or 70+ years.
- Work Replication: Only authorized person and creators can copy the original work with no fear of Copyright Laws.
- Tangible Form of Work: Original creator’s works in a tangible form can be protected under the Copyright Laws.
- Requirements for Copyright Protection: The creator’s work must be unique, original, and creative and should be capable of fixing it in a noticeable form.
- Who Can Get the Copyright Protection?: Writers, authors, inventors, artists, architects, etc.
Benefits of Artistic Works under Copyright Laws
Copyright Registration for artistic work creates a control of creators or inventors over their unique and distinctive creation/invention. Copyright Registration is mandatory when some innovative artistic work is done, and high admiration to its creator is to be given legally and to limits its use for a domestic or money-making purpose by others without taking permission of the creator. Once the copyright registration for artistic work is successfully done, it creates a sense of protection in the creator’s mind that their work is protected under the Copyright Act.
Following are some benefits of Artistic Copyright:
- Show your Original Work and Ownership Publically: With Copyright Registration, the original work of a creator will be acknowledged in the Catalog of the Copyright Office and will be accessible to the public. It also creates a public record of the Copyright holder’s ownership and allows them to take a legal step against infringers of their creation or innovation in the court.
- Reputation: Another benefit of Copyright Registration for Artistic Work is that it gives the creator the reputation that their work belongs to them.
- Protective Measures: Copyright for Artistic Work helps in protecting other form making unjustified use of the creator’s work. If you notice someone is copying your original work, then they can send a “Cease Notice”.
- Legal Protection of Ownership: Artistic Copyright helps in avoiding an expensive argument over the original owner if someone steals your original work. It is understood that the artistic work is registered under the Copyright Act, 1976 and will give you ownership proof and release you of any legal worry.
- Passing on the Right of Work: With Artistic Copyright, the creator or inventor or author can sell, disclose, or pass the work right to another person with Copyright Protection.
Vital Documents Required for Copyright Artistic Work in India
Following is the list of all the essential documents required at the time of Copyright for Artistic Work in India:
- Applicant’s details such as full name, address, nationality, occupation, etc.;
- A suitable description of the original work along with the date of work when it was published;
- IPO or DD (Demand Draft) of the respective fees as per the original work;
- Submit three copies of the published work and two copies of the manuscript (in case the work is not published);
- Description of the language and subject of the original work of an author;
- Submit a NOC or No Objection Certificate from the office of the Trademark;
- Submit the Power of Attorney if the application is being filed through an Attorney;
- Authorization regarding the work, if the work is not the applicant’s work.
What is the Process Involved in the Copyright for Artistic Work in India?
Following are the steps involved in the Copyright for Artistic Work in India:
- Step 1: Filing of an Application: The first step is to file an application for artistic copyright either physically visiting the Copyright Office or through an online facility available on the copyright website. For Artistic Copyright Registration, an application, an application must be filed with the Registrar along with the details of work.
- An applicant has to enter his or her valid User ID and Password to log in.
- If the applicant is not already registered, then they have to choose “New User Registration”.
An applicant needs to login by entering their User ID and Password; after login, click “Click for Online Copyright Registration”. An applicant shall fill the “Copyright Registration Form” online along with all the vital documents. Once the applicant fills the application form, the Registrar will issue a Diary Number.
- Step 2: Examination: Once the applicant filed the application form, then the next step is the examination for the Copyright Registration Form. Once the applicant receives the diary number, a minimum of thirty days for waiting is provided where the examiner examines the copyright application. This waiting time exists so that objections can be shown and reviewed. The process of examination for Copyright for Artistic Work gets divided into two distinct segments:
- If No Objections are Raised: In case of no inconsistency arises, all the documents and information along with the application, the applicant is able to move to the next step. But, in case of any discrepancies or inconsistency are found, a letter of the discrepancy is sent to the applicant. Based on the applicant’s response, the Registrar will conduct a hearing. Once the discrepancies are resolved, the applicant can move to the next step.
- If Objections are Raised: If someone raised an objection against the applicant, then the letter is sent to both the applicant and another person who raised an objection, and they are called to be heard by the Registrar. During the hearing, if the objection is rejected, the application is allowed for inspection, and the discrepancy procedure is followed. But, if the objection is not resolved, the application for Copyright Registration gets rejected, and a rejection letter is sent to the applicant. For the applicant, the registration process is end here, and they cannot proceed further for registration.
- Step 3: Registration: This is the last step; in this step, the Registrar may ask for additional documents and information. Once the Registrar is satisfied with the Copyright Claim made by the applicant, they will enter the copyright details in the Copyright Register and issues a Registration Certificate.
It is mandatory to do a Copyright Registration for Artistic Work in India; without getting Copyright for Artistic Work, any unauthorized person can copy or misuse your work and generate profits from your work. After the registration, no one can copy your work without taking permission from you, and it is protected under the Copyright Act.