Artistic work copyright in India | Copyright Registration In India
A legal advantage granted to the creator of artistic works is called copyright. It protects authors' ownership rights over their works, thereby fostering and recognizing artistic excellence. The author uses copyright to protect the original expression of an idea in the form of some creative work, but not the idea itself. The protection provided by copyright to the efforts of authors, artists, and designers creates an atmosphere favorable to creativity, which persuades the author/writer to create more.
What is included in Artistic Work Copyright in India
Original artistic work Copyright Registration in India protects all original artwork and the "originality" required for copyright protection in an artistic work. The minimum amount of originality required by the Copyright Act is what is prohibited under the law, and creating copies without the author's consent is also prohibited.
Creative work includes:
- A picture,
- A sculpture,
- A drawing,
- Whether or not any such creation, such as an engraving or a photograph, exhibits an artistic character,
- An architectural creation; and
- Any other handcrafted artistic creation.
It enables the author to safeguard their artistic works, which might include crafts like ceramics, woodwork, jewelry making, and embroidery work. Once an artist has copyrighted their work, they are free to publish, duplicate, or alter it anytime they see fit. They are also able to communicate with the public about their copyright in artistic production. A creator may also copyright works of art such as paintings, drawings, and others.
What kinds of artistic works are protected under the Copyright Act 1957?
The categories of creative work that are eligible for copyright protection are listed below, including:
- T-shirts, clothes, or textiles with a creative flair
- Stickers and decals.
- Murals, paintings, and drawings.
- Stationery, postcards, and greeting cards.
- Jewelry styles.
- Comic strips and cartoons.
- Designs and equipment for knitting, cross-stitching, and other needlecraft.
- Original posters and prints.
Advantages of Artistic Work under the Copyright Act?
When a copyright for an artistic work is registered, the creator feels secure knowing that the Copyright Act will preserve his transcription labor. The benefits of artistic copyright are as follows:
Displaying Your Ownership And Work to the Public: An author's work will be declared in the Copyright Office's Catalog and made public through copyright registration. It establishes a public record of the copyright holder's ownership and gives him the ability to file a lawsuit in court against anybody who infringes the creation of the copyright.
Enjoys the freedom to work as they like: Authors are allowed to freely collaborate with works protected by artistic copyright in other countries, and vice versa.
Transferring the Right to Work: The author of a work with copyright protection may freely divulge, sell, or otherwise transfer the rights of the work to other people.
Reputation: The reputation that a piece of writing belongs to the author is another advantage of artistic copyright.
Legal Protection of Ownership: If someone steals your creative work, the copyright for artistic work helps you avoid an expensive legal argument about who the original owner is. The work is assumed to be registered under the Copyright Act of 1976, providing evidence of your ownership and releasing you from any potential legal issues.
Prevention Techniques: Artistic copyright aids in preventing unauthorized use of the author's work by third parties. The writer may issue a "cease" notice if you discover that someone is copying your work. So, a person won't have to worry about any legal proceedings in the future.
What Paperwork Is Necessary for Copyright Creative Work?
- Information about the applicant.
- A complete summary of the work together with the original publication date.
- 2 copies of the manuscript (If work not published), 3 copies of the work (if published).
- A description of the work's theme and dialect.
- Authorization concerning work if the work is not the work of the applicant
- NOC from the owner is essential for copyright for artistic works. However, an NOC from the publisher is necessary if the applicant is different from the author. (in the event that the publisher is not the applicant).
- Demand Draft/IPO of the appropriate fees in accordance with the work.
- A NOC from the trademark office is necessary if the work is to be used on a product.
- The specific Power of Attorney is signed by the attorney if the application is being submitted through an attorney.
Artistic Work Copyright Registration Process
The following steps are involved in copyright for artistic work:
- Submit an Application
The application can be submitted personally in the copyright office by the work's creator, the exclusive rightsholder for the work, or an authorized agent, or electronically through a facility offered on the official website (copyright.gov.in).
An independent application must be submitted to the registrar together with the specifics of the work in order to register artistic copyright.
- To log in, an applicant must enter a valid User ID and password.
- The applicant must choose New User Registration if they haven't already registered.
Logging in is required before clicking "Click for online Copyright Registration." An applicant must complete the online "Copyright Registration Form" and provide all required supporting documentation. The applicant will receive a dairy number from the Registrar when the application has been submitted.
The examination of the copyright application follows the filing of the application. After the applicant receives their dairy number, there is a minimum 30-day waiting period during which the copyright examiner evaluates the application. This waiting period is necessary for the appearance and consideration of objections. There are two parts to the copyright review process for artistic works:
- If there are no objections raised
The examiner agrees to evaluate and carefully examine the application to look for any discrepancies if no objections are raised.
The applicant is permitted to move on to the next stage if there are no discrepancies and all required documents and information are submitted with the application. A letter describing the disparity is, however, issued to the applicant in the event of any discrepancies discovered. The registrar holds a hearing based on the applicant's response. The applicant is permitted to proceed to the following phase if the disagreement has been addressed.
- **If There Are Any Objections **
If an objection is made against the applicant, the registrar sends a letter to both parties and summons them for a hearing. If the objection is overruled at the hearing, the application is then allowed for review, and the discrepancy procedure is applied.
However, if the objection cannot be overcome, the application is turned down, and the applicant receives a letter of refusal. This marks the conclusion of the applicant's copyright registration process.
This procedure's final step is known as copyright registration for artistic work. The Registrar may request further information and documents at this stage. The Registrar will put the information on the copyright into the register of copyrights and issue a certificate of registration after he is completely satisfied with the applicant's copyright claim. When the applicant receives the Extracts of the Registration of Copyrights (ROC), the artistic copyright registration process is complete.
Our Role in Obtaining the Artistic Work Copyright
- Our consultants will educate you concerning each and every aspect of the artistic work copyright. Including how to get it.
- JR’s skilled consultants will assist you in filling out the application form for obtaining it.
- We will ensure a smooth procedure by ensuring proper documentation and evaluation.
- The professional consultants of JR Compliance will provide you with proper guidance during the registration procedure.
- In case of queries, we will provide you with the best possible solution for your concerns regarding artistic work copyright registration.
To conclude, JR Compliance can assist you in obtaining the artistic work copyright by ensuring proper documentation, evaluation, testing, etc. Moreover, to make our client understand each aspect of it, we will educate you regarding the same.
Additionally, late document submission, or filling in false information in the application form can delay the process.
Thus, to avoid such inaccuracy contact our expert and experienced team immediately for professional assistance and support in the artistic work copyright.