Overview on Copyright for Artistic Work
Copyright for Artistic work is a privilege given by the law to the originator of artistic works. It safeguards the rights of authors over their creations, consequently protecting and rewarding artistry. The protection provided by copyright to the efforts of authors, artists, and designerscreate an atmosphere favorable to creativity, which persuades the author/writer to create more.Copyright is used by the author to protect the original expression of an idea in the form of some creative work, but not the idea itself.
What is Copyright for Artistic Work?
Copyright for Artistic Work covers all the original artwork and what is required for copyright protection in an artistic work i.e. ‘originality’. The originality essential as per the Copyright Act is a minimal amount of originality and what is prevented under the Copyright Act is the making of copies without the permission of the author.
Artistic work means-
- A painting,
- A sculpture,
- A drawing,
- An engraving or a photograph, whether or not any such work possesses an artistic quality,
- A work of architecture; and
- Any other work of artistic craftsmanship.
It helps the author to protect his/her artistic creations.Artistic creation includes crafts, pottery, woodworks, jewelry making, embroidery working, etc. Once the author copyrights its work he can publish, reproduce, or change the art whenever required and also can plan to connect with the public regarding your copyright in artistic creation. Also, a creator can copyright paintings, artwork, drawings, and so on.
Copyright for Artistic Work
What are the Key Elements of Copyright for Artistic Work?
Certain key aspects that are required to be considered for Copyright for Artistic work and alsoto avoid copyright infringement while creating your artwork.
- A Requirement for Copyright Registration
The work must be original, creative and should be capable of fixing in the tangible form
- Details of the work to be Protected
Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures, etc.
- Duration of Protection
It calculates as the Author’s life plus 70 more years.
- The owner enjoys the privilege of various rights
The owner has the right to reproduce the work, making of imitative works, distribution, public performance, and exhibiting the copyrighted works.
- Replication of work
Only creators and authorized individuals can replicate the original work with no fear of copyright laws.
- Who can obtain the Copyright?
Authors, artists, writers, architects, and other creative professionals.
- The Tangible form of work
Original works in a tangible form can be protected under copyright laws.
What are the Types of Artistic Work under the Copyright Laws?
Below mentioned are the types of artistic work that are entitled to copyright protection, including-
- Artistic fabric, T-shirts, or other clothing
- Decals and stickers
- Drawings, paintings, and murals
- Greeting cards, postcards, and stationery
- Jewelry designs
- Cartoons and comic strips
- Designs and tools for sewing, knitting, cross stiching, and needlework
- Original prints and posters
What are the Privileges Enjoyed by the author/writer under the Copyright Act?
The privileges enjoyed by the author/writer under the Copyright Act are-
- Only the author has the right to reproduce the work in any manner or ways he wants to. However, If the work is yet to be published, only the author has the authority to publish it.
- The author is the only person who can permit the person to use art in cinema or films.
- Making a further modification of the work.
Note-There is a little exception to the above privileges. For instance, if the art is shown incidentally in a movie, it is exempted from the act. In certain cases where the art is performed at a specific place and that place gets recorded in a movie or show, the artist of the work cannot insist for copyright infringement.
What are the Advantages of Artistic work under Copyright Laws?
Artistic Copyright creates a monopoly of authors over their unique creation. Copyright is essential when some creative or artistic work is done and high praise to its creator is to be given legallyand to restricts its use for a commercial or domestic purpose by others without prior permission of the owner.
Once a Copyright for Artistic work is registered it creates a sense of security in the mind of the creator, that his transcript creation is protected under the Copyright Act. The advantages of Artistic Copyright are-
- Public Display of your Ownership and work
Through Copyright registration an author’s work will be declared in the Copyright Office’s Catalog and will be accessible to people. It creates a public record of the ownership of the copyright holder and enables him to take legal action against infringers of its creation in the court of law.
- Enjoys the privilege to work freely
Artistic Copyright provides the privilege to the author to work freely with copyrighted work in other countries and vice versa.
- Passing on the right of work
Through Artistic Copyright,theauthor can openly disclose, sell, or pass on the rights of the work to other persons with copyright protection.
Another benefit of Artistic Copyright is that it gives the author the reputation that certain work belongs to him.
- Legal Protection of Ownership
Copyright for Artistic work helps in avoiding an expensive dispute over the original owner if someone steals your creative work. It is implicit that the work is registered under the Copyright Act,1976, and will give proof of your ownership and release you of any legal trouble.
- Preventive Measures
Artistic Copyright helps in preventing others from making unwarranted use of theauthor’s work. If you come upon that someone is copying the author’s work, he/she can send a `cease’ notice. So, a person does not have to bother about legal proceedings at a later stage.
What Documents are required for Copyright Artistic Work?
- Details of the Applicant.
- A proper description of the work along with the date when the work was first published.
- 3 copies of the work (If published),2 copies of the manuscript (If work not published).
- Description regarding the subject and language of the work.
- Authorization concerning to work if the work is not the work of the applicant.
- For Copyright for Artistic work, NOCfrom the owner is required. However, if the applicant is different from the author, NOC from the publisher is required. (if the publisher is different from the applicant).
- Demand Draft/IPO of the respective fees as per the work.
- If the work is to be used on a product, then a NOC from the trademark office is required.
- If the application is being filed through an attorney, the specific Power of Attorney signed by the attorney.
What steps are involved in the Copyright for Artistic work?
The Steps involved in the Copyright for Artistic Work are-
Step-1 -File an application
The author of the work/owner of an exclusive right for the work/an authorized agent can file an application either manually in the copyrights office or through an e-filing facility available on the official website (copyright.gov.in).
For registration of Artistic Copyright, an independent application must be filed with the registrar along with the particulars of the work.
- An applicant has to enter his/her valid User ID and Password to log in.
- If the applicant has not registered yet, then he/she is required to opt for New User Registration.
An applicant is required to login, After login click on “Click for online Copyright Registration”. An applicant shall fill the online “Copyright Registration Form” along with all the requisite documents. Once the application is filed, theRegistrar will issue a dairy number to the applicant.
Step 2: Examination
Once the application is filed, the next step is the examination of the copyright application.Once the dairy number is issued to the applicant,a minimum of 30 days waiting period is provided where the copyright examiner reviews the application. This waiting period exists so that objections can appear and be reviewed. The examination process of Copyright for Artistic work gets divided into two segments:
- If No objections are raised
If no objections are raised, the examiner consents to review and scrutinize the application to find any disparity.
In case, no discrepancyarises, and all the essential documents and information is provided along with the application, the applicant is allowed to go forward with the next step. However, in case some discrepancies are found, a letter of the discrepancy is sent to the applicant. Based upon the reply of the applicant, a hearing is conducted by the registrar. Once the difference is resolved, the applicant is allowed to move ahead to the next step.
- If objections are raised
If the objection is raised by someone against the applicant, the letter is sent to both the partiesand they are called to be heard by the registrar.Upon hearing if the objection is rejected, the application is permitted for scrutiny and the discrepancy procedure is followed.
However,in case the objection is not resolved, the application is rejected, and a rejection letter is sent to the applicant. For such an applicant, the copyright registration procedure ends here.
Step 3: Registration
The last step in this process can be termed as Copyright Registration for Artistic work. In this step, the Registrar might ask for more information and documents. Once the Registrar, is completely satisfied with the copyright claim made by the applicant, he will enter the details of the copyright into the register of copyrights and issue a certificate of registration. The process of registration for Artistic copyright completeswhen the applicant is issued the Extracts of the Register of Copyrights (ROC).
What is the Duration of Timelines associated with Copyright for Artistic Work?
- For Published Works
The duration of the copyright artistic works is valid up to the life of the artist + 70 years.
- For unpublished works
Copyright lasts until the work is first published to a span of the life of the artist + 70 years.
Note-*From 1 January 2019, the duration of copyrighted art is the same for both published and unpublished works.
How Corpbiz helps its clients in Copyright for Artistic Work?
Corpbiz helps its client in Artistic Copyright by providing services like Copyright registration of original work and various Copyright related services. Our professionals will provide all legal advice and throughout support right from the application, collecting the information, till your work gets registered. The entire process of Copyright for artistic work is done online so there is no need for you to go out and follow up with the government authorities. Our team will take care of all the mandatory requirements as well.Corpbiz helps in-
- Consultation with the Copyright professionals,
- Proper analysis of originality of work,
- Preparation of Copyright Application,
- Filing of Copyright Application and follow up with the authority,
- Helps in Proper execution of artistic Copyright work.
We at Corpbiz have trained professionals to help you throughout the Copyright Registration procedure. Our Experts will guide and assist you with the whole process of filing the applications for copyright and related services and also ensures the timely and effective completion of your work.Any person having queries about what category his/her work might fall under the copyright Act or having trouble in applying copyright within the correct category, feel free to contact our experienced and trained professionals at Corpbiz.
Frequently Asked Questions
Copyright for Artistic work helps in-
- Providing Information about the author and its Copyright Work.
- Controlling the liability and may involve a general waiver of liability.
- To follow the Legal Compliances and protect the copyrighted work.
Artistic Copyright protects the lists of works covered under the Copyright Act. The works commonly protected by copyright throughout the world include:
- Artistic works such as graphics,engravings, plays, credential works, newspaper articles,
- Computer programs,
- Creative works such as paintings, drawings, photographs.
Unless and otherwise there is a written copy which states the transferring of the copyright from the author to the authorizeduser, the authorized user, or to the one whom the work is sold cannot enjoy the benefits of owning the copyright.
Copyright does not cover and protect individual words, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or mere listings of ingredients or content.
Copyright stays for 70 years from the year the work was created. However, if the work was made public before 1 January 2019 or within 50 years of creation, the period of protection is 70 years from the date the work was first published.
The three basic elements for copyright protection are-
- It must be a work of authorship,
- It must be original, and
- The work must bepresented in a tangible medium of expression.
Copyright for artistic work is generally owned by the people who create the works of expression. However,there are certain exceptions to it, i.e. If a work is produced by an employee in the course of his or her employment, the employer owns the copyright.
The five exclusive rights given tocopyright authors are
- Rights of reproduction,
- Rights of adaptation,
- Rights of publication,
- Right to perform, and
- Right todisplay.
Only the owner of the copyright artistic work canreproduceit. However, If the copyright is licensed, then the decisions have to be taken upon the license agreement.
In general, No, it is not possible for the holder to create a similar copyright artistic work and the main design should not be copied. However, a continuation of the work or a similar one can be copyrighted or produce.