Copyright on artistic work

Koushambi Sengupta

Introduction

Artistic work refers to painting, sculpture, chart, map, photograph, drawing, engraving, etc.

Adaptations from artistic work are also included within the definition of artistic work.

Explanation of some of the artistic work

Painting

Painting is an artistic work. The most essential quality in a panting to be entitled to copyright is that it must be original. The painting has to be the creation of a painter and not just a copy of some other painting. Other essentials are- the painting must be in a tangible form. 

Engraving

Engraving refers to lithographs, woodcuts, prints, etc but not a photograph. 

One interesting fact here is that copying from an engraving amounts to Infringement of copyright but, engraving produced from a picture does not amount to copyright. The reason is that, even if an engraving is produced from a picture, such engraving requires skill, talent and takes time. 

Drawing 

The drawing shall include diagrams, chat, maps, etc.  The word drawing includes mechanical or engineering drawings as well. 

An essential condition to obtain copyright in a drawing is that it should be an original work. Derivative drawings of mechanical or engineering drawings are also covered within the original works since they require skill and labor.

In a case is was held that any legendary or explanatory notes which describe a drawing shall also be included within the copyright on the drawing. 

Industrial or engineering drawings

As said earlier, engineering drawings or mechanical drawings are also included within the definition of drawing.

Copyright vests upon tangible work and not upon any idea. 

Photograph

Photograph, artistic work is also entitled to copyright. 

In order to obtain copyright on a photograph, it must be original work. For determining the level of originality, the degree of skill and labor is important.

For example. Two persons take a photograph of a building but in a different angle. Here, both will be entitled to copyright based upon the skill and originality.  Since the photographs are taken at a different angles, they would appear different and not duplicate of one another. Therefore, both photographers are entitled to copyright even though the subject matter is the same.

Copyright on the photograph is given for original skills and labor. 

In Associated Publishers ( Madras) Ltd. vs K. Bashyam alias ' Arya',  A portrait of Mahatma Gandhi was made based on two photographs. The Court held that such a portrait was entitled to copyright provided that the portrait is little different from the photograph and the portrait is original.

This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.