Is it possible to Copyright Artwork in India?

Copyright is an exclusive right which is provided to the creator of the work. It helps the creator to provide uniqueness to his artwork and protect it from being copied by the others without his consent. The artwork is one such area for which a person can copyright his work so as to protect his original work. So when it comes to the question that is it possible to copyright Artwork in India, then yes a person can copyright his work by registering the copyright for his artwork.

This article will give you all the detailed information to copyright your artwork in India. And indeed these rights can be attained by any person under the Copyright Act, 1957.

What is Copyright?

Copyright is an absolute right which a person has for his creation of work that helps him to protect his work from being copied by someone else. When a person copyrights his work, it provides a distinctive identity and uniqueness to his work. A copyright can be done in artistic, literary, cinematography, music, educational or in any creative form.

Under the Copyright act, 1957, an original work of the creator can be protected for the term of 60 years from the beginning of the calendar year to next following year in which the author dies and in case there are multiple authors then the term is 60 years from the death of the last author.

Copyright does not protect ideas, facts, titles, names, process, procedure, and work not in a tangible form, works that are already expired or anything that has not come into action. According to Section 13 of the Copyright Act, the protection of copyright is given to the following subject matter:

• Artistic works
• Literary works
• Dramatic works
• Musical works
• Cinematograph films
• Architectural works
• Computer program/software
• Sound recordings

Copyright in Artwork

Copyright in Artwork includes the protection of all the original artwork to safeguard and protect the author for the creation of such work. Copyright protection can only be given on the basis of “originality”. Such artwork which is original and not copied can be protected under the Copyright Act.

Artistic Work includes the following activities: –

• Drawing
• Painting
• Sculpture
• Architectural work
• Engraving, photograph
• Sketches
• Graphics, maps, cartoons, lithographs, charts, plans
• Any other artistic craftsmanship work

The copyright laws for artworks helps to legally protect artistic creations. Once the artwork is copyrighted, the owner of the artwork can publish it, reproduce it or change the art when required. The owner can also plan to connect public regarding his copyright in artistic creation.

Benefits of getting Copyright in Artwork

When the owner copyrights its artwork, it protects it from being copied or misused by someone else. It is his original work and he can enjoy many benefits after getting a copyright on it. The following are some of the advantages to the author of the copyright artwork:

Enjoy the Prestige and Legal Protection

Once the author of the artwork proceeds to the online copyright registration and it is declared in the Copyright office catalogue, then he can enjoy the privilege to publish it and make it accessible to the people. It gives him the right to publically display his ownership and work. This creates legal evidence in the public record, of the ownership of the copyright holder and gives him a right to take any legal action against any infringement done to his artwork by someone else.

Privilege to Work Freely

The author of the copyrighted work gets the privilege to work freely in other countries.

Reputation on Copyright Artwork in India

Once the author gets a copyright on his artwork, it helps him to build a reputation that such particular work belongs to him.

Legal Protection of Ownership

Copyright on artwork helps the author to avoid expensive disputes if someone copies or infringe his original work. It helps in the prevention of monetary loss to the author of the copyrighted artwork. Since the work is protected under the Copyright Act^[1], it will become proof of the ownership and protect from any legal disputes.

A Source of Revenue

When an author copyrights his original work under the Copyright Act, he becomes the owner of such work and it also helps him to generate revenue from such artwork as well. He can enjoy the privilege to publish, sell or use it in any manner he wishes to.

Preventive Measures

Copyright of Artwork prevents other people to make the unauthorized use of the author’s artwork. The author can send a cease notice if any person copies his original work. And therefore, can take legal action against the infringer.

Delegating or Passing the Right to Use the Work

The author of the copyrighted artwork has a right to delegate, sell or pass on the right to use his work to the other person with copyright protection.

Privileges enjoyed by the Author of the Artwork under the Copyright Act

Some of the privileges that the author can enjoy are:-

• The author has a right to publish his original work and can reproduce his work in any manner or way he wants to.
• The author can permit or allow the other person to use his art with his consent
• The author has a right to make any modifications in his artwork.

Documents Required to Copyright Artistic work

• Applicant’s Details.
• Description of work along with the publication date of the work.
• 3 copies of the work if it is published and 2 copies of the manuscript if the work is not published.
• The description of the subject and language of the work.
• Authorization of the work if the work is not of the applicant.
• NOC from the owner. If the publisher is different from the applicant then NOC from the publisher.
• IPO OR Demand Draft of the fees as per the work.
• NOC from the Trademark office if work is used on a product.
• Power of Attorney, if the application is being filed through an Attorney.

Procedure to Register Copyright for Artwork

Step 1: Filing the Application

The author of the artwork or his agent can file the application for copyright either in the copyright office manually or through e-filing facility available on the official website. The applicant has to put valid user ID and password to log in.

If the applicant has not registered, then he is required to opt for New User Registration. For this, click on the “Click for online Copyright Registration” and fill the copyright registration form along with the necessary documents. Once the application is completed the Registrar shall issue a diary number to the applicant.

Step 2: Examination

The next step after the application is filed is the examination of the application. Upon the receiving of the diary number, a minimum of 30 days period is provided in which the examiner reviews the application.

 If no objection is raised in respect to the application, the examiner shall give consent to review and scrutinize the application to look for any disparity. If not discrepancy arises, and the application is submitted along with all the documents then the application shall be allowed for further procedure.

However sometimes when the discrepancy occurs the examiner sends a discrepancy letter to the applicant and upon the reply by the applicant a hearing is scheduled by the registrar. Once the discrepancy is resolved the application is preceded further.

If the objection is raised by some person against the applicant, the registrar sends a letter to both the parties in order to be heard. If the objection is rejected upon the hearing, the application is allowed for scrutiny and discrepancy procedure is followed. However, if the objection is accepted then the application will be rejected and a rejection letter shall be sent to the applicant for the same. The application shall not be preceded further for copyright registration.

Step 3: Registration

The registrar may upon the satisfaction of the application and on calling for the remaining documents, shall register the copyright and issue a Certificate of Registration to the author. The Registration process for the copyright of artwork is completed upon the issue of the extracts of the Register of Copyrights (ROC) to the author.

Conclusion

Copyright Registration is an essential procedure for an author to protect their original work from being misused or copied by the others. It also builds a reputation and provides many privileges to the author that he can enjoy with his registered copyright artwork in India. One can copyright artwork in India by following all the necessary steps involved for the registration.

The Copyright Act, 1957 provides all the rights and protection that an original author can enjoy with his artwork in India.