How to Copyright a Graphic Design in India?

Pouring your heart out into a unique graphic design only to see it used by someone else without your permission is hard. Copyrighting your design protects your creative spark from being stolen. It is like putting a signature on your art officially and legally. Whether you are a student, freelancer, or budding designer, you can copyright your design it is unique to protect your prime right. This article will explore he concept of copyright and how to copyright a graphic design in India.

What is Graphic Design Copyright?

Graphic design copyright protects your original visual creations, such as illustrations, layouts, and logos, from being used or copied without your consent. Registering your work not only provides legal proof of ownership but also strengthens your rights in case of disputes. Under Indian law, if your graphic design is used for industrial or commercial production more than 50 times, it may no longer be protected solely under copyright law. Instead, it must be registered under the Designs Act, 2000 to retain legal protection.

What Can Be Copyrighted Under Graphic Design?

?Graphic designs are protected under the category of "artistic works" as defined by the Copyright Act 1957. To qualify for copyright, the design must be original and expressed in a tangible form. Here are the types of graphic designs that can be registered. Types of Graphic Designs Eligible for Copyright in India:

• Illustrations and Digital Art: Original illustrations, whether hand-drawn or digital, are protected as artistic works.
• Logos: Copyright can be applied to logos having distinctive creative elements.
• Posters and Visual Layouts: Custom-designed posters and layouts with original artistic expression are eligible for protection.
• Stickers and Decals: Creative sticker and decal designs are considered artistic works and can be registered.
• Textile and Surface Patterns: Original patterns for fabrics, wallpapers, and other surfaces can be copyrighted.
• Drawings and Sketches: Hand-drawn or digital sketches and drawings are protected under artistic works.
• Photographs with Artistic Value: Photographs that exhibit creativity and originality are eligible for copyright protection.
• Architectural Designs: Original architectural plans and designs are protected as artistic works.
• Cartoons and Comics: Original cartoon characters and comic strips fall under artistic works and can be registered.
• Engravings and Etchings: Artistic engravings, etchings, and similar works are eligible for copyright.

What Cannot Be Copyrighted in Graphic Design?

While copyright law protects original and tangible creative works, certain elements in graphic design are not eligible for copyright protection. Understanding these exclusions is crucial for designers to ensure their work is protected. ?They are as follows:

• Ideas and Concepts: Copyright safeguards the expression of ideas, not the ideas themselves.
• Common Symbols and Shapes: Basic symbols like hearts, stars, or arrows, and simple geometric shapes are not protected due to their widespread use.
• Short Phrases and Slogans: Brief phrases, titles, or slogans typically aren't eligible for copyright. They might be protected under trademark law if used for brand identification.
• Fonts and Typefaces: Fonts and typefaces are considered functional and aren't protected under copyright. Designers can explore protection under the Designs Act or trademark law.
• Functional Designs for Mass Production: Designs intended for industrial use and reproduced over 50 times lose copyright protection unless registered under the Designs Act, 2000.
• Standard Layouts and Templates: Generic layouts or templates lacking originality aren't protected. However, a unique compilation of elements like images and text can be eligible.

Eligibility Criteria for Copyrighting a Graphic Design

To be eligible for copyright protection of a graphic design in India, your work must meet certain criteria outlined in the Copyright Act, 1957. These eligibility criteria ensure that only original and tangible creations receive legal protection. They are mentioned as follows:

• Originality: Your design should be a unique creation, not copied from existing works. It must reflect your creativity and effort.
• Creativity: The work should display a certain level of creativity by going beyond mere effort to include some degree of innovation or aesthetic value.
• Tangible form: The design needs to be presented in a digital or tangible format, like a digital file or a printed poster.
• First publication: The design should not have been published or made available to the public before applying for copyright.
• Author’s citizenship: If the creator has passed away, they must have been an Indian citizen at the time of their death for the work to be eligible for the copyright.

When Should You Apply for Copyrighting a Graphic Design?

You should apply for copyright registration of your graphic design as soon as it is created and fixed in a tangible form, such as a digital file or printed artwork. Registering your work early will provide official proof of ownership, which is important in enforcing your rights and resolving disputes.

Early registration is particularly important if you plan to share, publish, or commercialize your design. Having a registered copyright ensures that you have the legal backing to prevent unauthorized use and to take action against infringement. Initiating the registration process promptly after creating your design is a good step to secure your intellectual property rights and to safeguard your creative work from potential misuse.

Registration Process for Copyrighting a Graphic Design

Let us discuss the registration process for copyrighting a graphic design:

Step 1: Prepare Your Work

You need to make sure that your graphic design is original and in a tangible form. The creation should be owned by you and must be in a physical or digital form, such as a logo, illustration, or poster.

Step 2: Access to the Official Website

Visit the official copyright portal and create an account if you are a new user, and then sign in with your login details.

Step 3: Application Submission

After signing in, fill out Form XIV and select the “Artistic Work” category. You need to enter all the necessary details such as your name, nature of the content and title of your work if it is applicable. Attach all the documents that are mentioned in the following details:

Documents Required

To register graphic design copyright in India, you’ll need to submit specific documents and follow a structured process with the Copyright Office under the Ministry of Commerce & Industry. Here's a list of the essential documents required for copyrighting a graphic design:

1. Application Form (Form XIV)

• Filled and signed application form (Form XIV) as prescribed by the Copyright Rules, 2013.
• If you're filing for multiple works, separate forms are needed for each.

2. Statement of Particulars (Form XIV - Second Schedule)

• Details about the author, nature of the work, language, publication (if any), and ownership of the design.

3. Statement of Further Particulars

• Required only if the design is published.
• Includes details of first publication like date, place, publisher name, etc.

4. Graphic Design Sample (Work Copy)

• A clear, printed or digital copy of the graphic design (usually in JPEG, PNG, or PDF format).
• If the work is filed as an "artistic work", it must show originality and creative expression.

5. No Objection Certificate (NOC)

• From Author/Designer: If the applicant is not the creator, a NOC from the actual designer is required.
• From Publisher (if published): Needed if the design has been published by a third party.
• From Trademark Owner: If the design is also used in a logo or label that resembles or includes a trademark.

6. Power of Attorney (If Filed by Agent)

• Required if the application is submitted through an advocate or copyright agent.
• Must be signed by the applicant.

7. Demand Draft or Online Payment Receipt

• Application fee as per the work type (Artistic Work: ?500 per application).
• Payment can be made online or through a Demand Draft in favor of “Registrar of Copyrights”.

8. Identity & Address Proof of the Applicant

• Aadhaar card, PAN card, Passport, or Voter ID (for individuals).
• Certificate of incorporation, PAN, or GST certificate (for companies or firms).

Additional Notes:

If your graphic design is also used for industrial purposes and reproduced more than 50 times, it may require registration under the Designs Act, 2000, not just copyright. Copyright gives protection for original creative expression, not mere ideas or functional elements.

Step 4: Pay the Registration Fee

The fee payable for a graphic design is Rs. 500 as it comes under artistic work. The cost of the graphic design is Rs. 2000 if it is used or has the potential to be used in any goods or services.  The payment for the application can be made online through the official portal of the copyright.

Step 5: Issuance of Diary Number

After you have submitted the application, you will receive a diary number from the registrar. This is an acknowledgment that your application is being received by the Copyright Office Registrar and can be used to track the status of your application.

Step 6: Waiting for the Objections

The waiting period is 30 days, during which the copyright office will check for objections. If there are no objections raised in this duration, the application will move forward.

Step 7: Examination by the Registrar

In case there are no objections raised in the waiting period, the registrar examines the application for any errors or issues present. If the application is correct and in order, the work can be copyrighted. But if objections are raised in that period, both parties involved need to be present, and a hearing may be conducted. After the objection is resolved, the registrar will decide whether to approve or reject the application.

Step 8: Obtain the Registration Certificate

Once your graphic design has been examined and approved by the Copyright Office, you will be granted the certificate of registration. This certificate will serve as the official evidence that the work is rightfully yours. You can then download the certificate from your account by logging in with your details.

How Long Does Copyrighting a Graphic Design Take?

The registration process typically takes 2 to 3 months under normal circumstances, in case there are no objections to the application. If there are objections or issues, the process may take longer than expected.

Benefits of Copyrighting a Graphic Design

Copyrighting your graphic design in India offers several significant benefits that safeguard your creative efforts and enhance your professional opportunities. Here are the benefits of copyrighting a graphic design:

• Legal Protection: Registering your design provides official proof of ownership, which makes it easier to enforce your rights if someone uses your work without your consent. This legal backlog is important in protecting your designs from unauthorized use.
• Control Over Usage: You have exclusive rights to reproduce, distribute, and display your design with copyright. This means you can decide how your work is being used and can license it to others under your terms.
• Economic Advantages: Copyright allows you to monetize your designs by selling or licensing them. It also adds value to your work, which makes it a valuable asset in your professional portfolio.
• Public Record of Ownership: Registration creates a public record of your ownership, which can deter potential infringers and serve as a piece of evidence in legal disputes.
• Long-Term Protection: In India, copyright protection lasts for the lifetime of the creator and an additional 60 years, which ensures your work is protected for an extended period.

Rights of a Copyrighted Graphic Designer

Graphic designers who hold copyright over their original works are granted several exclusive rights under the Copyright Act, 1957. These rights empower designers to control how their creations are used and to protect them from unauthorized exploitation. ?

• Right to Reproduce: Designers have the exclusive right to make copies of their work in any form, which includes digital or print formats.
• Right to Distribute: They can control the distribution of their work, whether by selling, renting, or lending copies to the public.
• Right to Create Derivative Works: Designers can authorize adaptations or modifications of their original work, such as creating a new design based on the original.
• Right to Public Display: They have the authority to display their work publicly, which includes exhibitions, online platforms, or any other public venue.
• Right to License or Transfer Rights: Designers can grant permissions to others to use their work under specified conditions or transfer their rights entirely to another party.
• Right to Seek Legal Remedies: In cases of unauthorized use or infringement, designers can pursue legal action to enforce their rights and seek compensation.

Common Mistakes to Avoid When Copyrighting a Graphic Design

When you are registering a graphic design for copyright, it is essential to avoid common mistakes that can delay the process or weaken your legal protection. Here are some common mistakes that you need to avoid when copyrighting a graphic design:

• Delaying Registration: If you put off registering your design for too long, it may be used without permission. Early registration provides official proof of ownership, which strengthens your legal position.
• Incomplete Application: Applications that are submitted without the necessary information or supporting documentation may be delayed or even rejected. Always ensure that you are providing a clear description of your work, your details, and copies of the design.
• Incorrect Classification: Misclassifying your work can result in processing issues. Graphic designs typically fall under “artistic works” in the copyright application.
• Neglecting to Check for Existing Works: Failing to verify that your design is original and doesn’t infringe on existing copyrights can lead to legal complications. Conduct thorough research to ensure your work is unique.
• Not Keeping Records: A lack of proper documentation, such as creation dates, drafts, and correspondence, can make it challenging to prove ownership in disputes. Maintain detailed records of your design process.
• Assuming Automatic Protection is Sufficient: Registering your design is important as it provides legal evidence of ownership, which is crucial in enforcing your rights. It won't be enough to assume that your copyright protection is effective and is automatic.
• Ignoring the Industrial Design Threshold: If your design is applied to more than 50 products, it may fall under the Designs Act, 2000, rather than copyright law. In these cases, you must register under the appropriate act to ensure protection.
• Overlooking Licensing Agreements: Failing to establish clear licensing terms when allowing others to use your design can lead to misuse. Create thorough agreements that specify usage rights and limitations.

Copyrighting your graphic design is a smart and important step to protect your creativity. It gives you legal proof that the work is yours and helps prevent others from using it without permission. Registering your designs ensures that your effort and talent are respected. It also opens doors to earning through licensing or selling your work. By following the right process, you can secure your rights and grow confidently as a creator.

If you need assistance and support in filing a copyright for your graphic design, contact Online Legal India. They have professional experts who will help you with the entire process and guide you along the way.