Artistic Work/Painting Copyright in India
Artistic Work/Painting Copyright
Artistic works range from paintings, drawings, engravings, and craftsmanship. To some extent, it even encompasses architecture and photographs. Like most entities covered by copyright, art must be an original work to be protected by the copyright act. Art is protected for a lifetime.
Berne Convention
The Berne Convention states that two generations of the artist should benefit from the predecessor's copyright. Once the author of the art is dead, the copyright expires after a particular time, which varies from country to country.
The artist is the first owner of the art he produces unless he is contractually bound by an employer, mainly newspapers, magazines, or studios.
Benefits of copyright Artwork/Painting
Here are some privileges the author enjoys under the Copyright Act:
- Only he has the right to reproduce the work in any manner or form he wants to.
- If the work is yet to be published, he is the only one with the authority to publish it.
- Give permission to use the art in cinema or films.
- Making a further adaptation of the work.
Exemptions from Artwork Copyrighting
There are minimal exceptions to the rule. For example, if the art is shown incidentally in a movie, it is exempted from the act. The artist cannot claim copyright infringement if the art is transfixed at a particular place and that place gets recorded in a movie or show.
In a few countries, the Copyright Act prevents auction houses from using copies of art to advertise for sale. Before doing so, the auction house must seek the permission of the owner of the art. However, this clause is prevalent in only a select few countries.