Artistic Works under Copyright Act, 1957 – Frequently Asked Questions

Introduction

Understanding the intricacies of copyright registration for artistic works is essential for creators looking to protect their intellectual property. This guide addresses common questions about what constitutes artistic works, the registration process, and the necessary prerequisites to ensure your work is properly protected under the Copyright Act.

1. What consists of artistic works?

Any original creation by an author in a tangible form is capable of copyright registration by being entered into the Register of Copyrights. Artistic works include:

– Works of architecture

– Photographs

– Engravings

– Sculptures

– Works capable of being used in relation to goods or services

2. What are the Prerequisites for Registration of Copyright?
3. a) The application for registration of a copyright must be made by duly filling out Form XIV along with the Statement of Particulars and Statement of Further Particulars (as prescribed in Chapter XVIII- Schedule I- Copyright Rules 2013).
4. b) Separate applications should be made for the registration of each artistic work.
5. c) The fee for each application shall be paid as prescribed in the Second Schedule of the Copyright Rules.
6. d) The applications should be signed by the Applicant. The Applicant shall also sign the Power of Attorney, which should be duly accepted by the attorney.
7. e) A No Objection Certificate (NOC) from all the people involved in the creation of the work is required, in case the owner of the work is different from the author of the work. If the applicant is the author and owner of the work, an NOC is not required.
8. f) In the case of artistic work used or capable of being used in relation to goods and services, a Search Certificate issued by the Trademark Registry (Section 45 of the Copyright Act, 1957) must be attached. The application for the registration of artistic work used or capable of being used in relation to goods and services shall be filed within one year of the issuance of the Search Certificate.
9. g) If the work is capable of being registered under the Designs Act 2000, an affidavit shall be attached.

3. What is the Examination Process of the Application?

A ‘Formality Check’ of the application for registration of copyright of an artistic work is carried out to ensure that the basic requirements [e.g., 2 copies of the work (to be provided at the time of filing Copyright Application), complete FORM-XIV, Power of Attorney, prescribed fees] are complied with. If an application fails the requirements of the check, a letter is issued to the applicant for necessary compliance. The application that qualifies the Formality Check is then assigned to an examiner to ensure compliance with protection and registration prerequisites. It is submitted for final approval and further direction after the examination.

4. What are the Fees for Registration of a Copyright in the Artistic Category?

Artistic works being used and capable of being used in relation to any goods or services: ₹2,000/- INR.

Artistic works not being used and not capable of being used in relation to any goods or services: ₹500/- INR.

The fee is payable in the form of a Demand Draft or Indian Postal Order favoring “Registrar Of Copyrights Payable At New Delhi” or through E-payment at the time of filing online Copyright Application.

5. What is the waiting period after the application has been filed?

There is a minimum waiting period of 30 days from the date of receipt of the application to allow for receiving any objections from persons who claim to have any interest in the subject matter of the copyright or the rights of the applicant. If no objections are received, the application is processed on a “first come, first serve” basis.

6. What is Form XIV?

Form XIV is a declaration by the applicant to confirm compliance with the prerequisites of filing a registration application. The applicant must submit the communication address, details of the requisite payment, a list of all documents attached to the application, and must send notices to all interested parties prior to filing the application.

7. What is the Statement of Particulars?

The Statement of Particulars shall be duly filled and signed by the applicant. For detailed instructions, refer to pages 7 and 8 of the [Artistic Works Manual] (https://copyright.gov.in/Documents/Manuals/Artistic_Manual.pdf).

8. How to Fill the Statement of Further Particulars?

The Statement of Further Particulars is a declaration regarding the originality of the work.

– If the work is an adaptation, Column 1(a) should be marked ‘NO’.

– If the work is not an adaptation, the same column should be marked ‘YES’ and the rest of the columns should be marked ‘N/A’.

The applicant should provide details of the prior/primary work of which adaptation is claimed and whether the copyright still subsists. If it still subsists, a No Objection Certificate from the copyright holder is required. Relevant details should be indicated in Column 2.

9. How do we differentiate between artistic works capable of being used in relation to goods or services and artistic works which are not capable of being used in relation to goods or services?

Any artistic work that has the potential to become a trademark or outwardly represent a brand identity is treated as an artistic work capable of being used in relation to goods or services and requires a Search Certificate (TM- C) issued by the Trademark Registry (Section 45 of the Copyright Act, 1957). All other works may be treated as artistic works not capable of being used in relation to goods or services.

Conclusion

Navigating the registration process for artistic works can be complex, but understanding the prerequisites, examination process, and necessary documentation can simplify the journey. Protecting your creative efforts through proper copyright registration not only safeguards your work but also ensures you can fully leverage your intellectual property in the marketplace.