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Intellectual property · Artistic works

Copyright for Artistic Work

Logos, paintings, drawings, photographs and textile prints are artistic works under the Copyright Act, 1957. We register them in Form XIV (government fee ₹500 per work, ₹2,000 for a logo used on goods) and tell you when design registration fits better.

Form XIV₹500 / ₹2,000 per work (govt fee)TM-C for logosSection 15 design check
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What it is

Section 2(c) defines an artistic work as a painting, sculpture, drawing (including a diagram, map, chart or plan), engraving or photograph, a work of architecture, or any other work of artistic craftsmanship. Artistic quality is not required: a simple original logo counts as much as an oil painting.

Under Section 14(c), you alone may reproduce the work in any form, including turning a flat drawing into a 3D object. Registration under Section 45 and Rule 70 of the Copyright Rules, 2013 puts the work on the Register of Copyrights, which Section 48 makes prima facie evidence in court.

Who it applies to

Brands with a logo or label

Logos, labels and packaging art. Rule 70(6) needs a Trade Marks Registry certificate first.

Artists, illustrators and photographers

Paintings, digital art and photos. The artist, or the photographer, is the author.

Textile, print and craft businesses

Fabric prints and handicraft patterns. Here is the catch: this is where copyright overlaps the Designs Act, 2000.

Why it matters

Prove ownership quickly

The register entry is prima facie evidence under Section 48. The copier then has to disprove your ownership.

Protect the artwork in every form

Section 14(c) covers copies in any medium, so a copied logo on a website or a T-shirt infringes the same right.

Back up your trade mark

A logo can be both a trade mark and artwork. Copyright does not wait for the trade mark to clear.

Documents required

About you

  • Name, address and nationality of the applicant and the artist
  • PAN; for a company or LLP, the certificate of incorporation
  • Power of attorney if we file as your agent

About the artwork

  • Clear image of the work; two copies if unpublished (Rule 70(4))
  • Form TM-C search certificate for a logo or label (Rule 70(6))

Rights papers

  • NOC from the artist if the owner applies (Rule 70(3))
  • Written assignment from a designer or agency (Section 19)
  • Affidavit under Rule 70(7) for artwork that could be a design

How it works

1

Decide: copyright, design or both

Take an NCR textile exporter with a new block print. If it will run to thousands of metres, it is a design, not just art.

2

Get the TM-C certificate for a logo

For a logo or label, we file Form TM-C with the Trade Marks Registry. A trade mark search before you finalise the logo avoids surprises.

3

File Form XIV

We file Form XIV online with the image, rights papers and fee. You get a diary number the same day.

4

Clear the 30 days and the examiner

Under Rule 70(10), the Registrar proceeds if no objection arrives within thirty days. We answer any discrepancy, and Rule 70(12) ensures a hearing before rejection.

Timelines

Filing

One to three working days once we have the artwork, rights papers and, for a logo, the TM-C certificate.

Objection window

A fixed thirty days from when the Copyright Office receives the application.

Examination

Depends on the Copyright Office queue.

Section 15(1) of the Copyright Act says no copyright subsists in a design registered under the Designs Act, 2000. Under Section 15(2), copyright in a design that could be registered, but is not, ends once the article is reproduced more than fifty times by an industrial process.

PointCopyright (artistic work)Design registration
Best forLogos, paintings, illustrations, photosShape or pattern of a mass-made product
Form and feeForm XIV, ₹500 (₹2,000 on goods)Form 1, ₹1,000 (individuals, startups, small entities) or ₹4,000
TermLife of the artist + 60 years10 years, extendable by 5

If your product’s look is the selling point, register the product design instead.

What happens if someone copies your artwork

File a criminal complaint

Section 63: six months to three years in prison and a fine of ₹50,000 to ₹2 lakh for knowing infringement.

Sue for an injunction

Claim an injunction, damages and profits, with the register entry as proof.

Check you still have a right

If the artwork is really a design made industrially over fifty times, Section 15(2) may have ended the copyright.

Frequently asked questions

Can I register my company logo as copyright?

Yes, a logo is an artistic work and can be registered as copyright. Because it is used on goods or services, the government fee is ₹2,000 and Rule 70(6) requires a search certificate from the Trade Marks Registry. That certificate comes through Form TM-C, which costs ₹9,000 on e-filing. Most businesses file the trade mark at the same time.

What is the government fee for an artistic work?

The fee is ₹500 per artistic work, such as a painting, drawing or photograph. If the work is used in relation to goods or services, such as a logo or label, the fee is ₹2,000. Changing registered particulars later costs ₹200, or ₹1,000 for goods-related work. Each work needs its own Form XIV.

What does Section 15 mean for my designs?

Section 15 decides whether copyright or the Designs Act protects your work. A design registered under the Designs Act, 2000 gets no copyright. A registrable design that is not registered loses copyright once the article is made more than fifty times by an industrial process. For mass-made products, register the design.

Why does the Copyright Office ask for an affidavit?

Rule 70(7) asks for an affidavit when an artistic work could also be registered as a design. You state that the work is not registered under the Designs Act, 2000 and has not been reproduced more than fifty times industrially. We draft the affidavit from your facts so the file is not held up.

Who owns a logo made by a design agency?

The agency or freelancer who drew it owns the copyright, unless they assign it to you in writing. Section 19(1) says an assignment is valid only if it is written and signed. Paying the invoice does not transfer it. In practice, a small Faridabad bakery that paid a freelancer for its logo still needs that signed paper. We draft it, and then you register in your own name.

Who owns a commissioned painting or photograph?

Under Section 17(b), a person who pays for a photograph, painting or portrait to be made becomes the first owner, unless agreed otherwise. The order must be for valuable consideration, meaning you paid for it. If you commissioned a portrait or product shoot, keep the order and payment proof ready, and we will file in your name.

How long does copyright in artwork last?

It lasts for the artist’s lifetime plus sixty years, counted from the beginning of the calendar year after death, under Section 22. Photographs follow the same rule since the 2012 amendment removed the separate photograph term. No renewal is needed. A registered design, by contrast, lasts 10 years and can be extended by 5 more.

Can I register a textile print or pattern?

Yes, but check Section 15 first. A print drawn as art is an artistic work, but once it is applied to fabric and produced in bulk, it is also a registrable design. Copyright then ends after more than fifty industrial copies. For a print you will mass-produce, file under the Designs Act; for one-off art, copyright is enough.

Pricing

What it costs

Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.

Government fees: ₹500 per artistic work, ₹2,000 for a logo or label used on goods or services, plus ₹9,000 for Form TM-C (₹30,000 expedited) for a logo.

Ready to begin?

Send us the artwork and how you will use it. No logo yet? Start with getting an original logo designed.