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📑 Protection of Paintings under Copyright Law

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1. Introduction

Art has always been a vital expression of human creativity. Paintings, in particular, are not only cultural treasures but also carry significant commercial value. With increasing commercialization, exhibitions, online sales, and digital reproductions, protecting paintings from unauthorized use has become essential. The Copyright Act, 1957 in India provides strong protection to paintings as “artistic works.” This assignment explores the scope, rights, remedies, and judicial interpretations regarding paintings under copyright law.

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2. Legal Definition of Painting under Copyright Act

• Section 2(c) of the Copyright Act, 1957 defines artistic work to include:
  1. A painting, sculpture, drawing, engraving, or photograph;
  2. A work of architecture;
  3. Any other work of artistic craftsmanship.

👉 Thus, a painting is automatically covered under “artistic work” and gains protection from the moment it is created.

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3. Requirements for Protection of a Painting

1. Originality – The painting must originate from the artist’s own skill, labour, and judgment (not a copy).
2. Fixation – It must be expressed in a tangible medium (canvas, wall, paper, or digital form).
3. Authorship – The creator of the painting is the “author” under Section 2(d).
4. Automatic Protection – Registration is not mandatory; however, Section 45 allows registration, which serves as prima facie evidence in court.

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4. Rights of the Painter (Economic Rights)

Under Section 14, the author of a painting enjoys the following rights:

• Reproduction Right – To reproduce the painting in any material form.
• Distribution Right – To issue copies to the public.
• Communication Right – To communicate the work to the public, including online.
• Adaptation Right – To make derivative works from the painting.
• Inclusion Right – To include the painting in films or other artistic compilations.

Violation of these rights constitutes infringement.

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5. Moral Rights of the Painter

Apart from economic rights, the Copyright Act also recognises moral rights under Section 57:

1. Right of Paternity – The painter has the right to be identified as the author of the painting.
2. Right of Integrity – The painter can prevent any distortion, mutilation, or modification of the painting that harms his/her honour or reputation.

👉 These rights exist even if the economic rights have been assigned or sold.

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6. Duration of Copyright in Paintings

• As per Section 22, copyright in a painting subsists for:
  • Lifetime of the artist + 60 years after their death.
• After this period, the painting enters the public domain and may be freely used.

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7. Infringement of Paintings

A painting is infringed when:

• It is reproduced or copied without consent.
• Unauthorized digital reproduction, scanning, or online upload occurs.
• Used in advertisements, merchandise, or films without permission.

Exceptions (Section 52):

• Fair dealing for private study, research, criticism, review, and education.

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8. Case Laws on Paintings & Artistic Works

1. Amarnath Sehgal v. Union of India (2005, Delhi HC)

   • A mural created by Amarnath Sehgal was removed and damaged by the Government.
   • The Court upheld his moral rights and awarded damages, recognising his right of authorship and integrity.

2. Kamal Kishore v. S.K. Sarin (1990, Delhi HC)

   • Court held that artistic quality is irrelevant for copyright protection.
   • Even a simple sketch or painting is entitled to protection.

3. Raj Rewal v. Union of India (2019, Delhi HC)

   • Although about architecture, the Court reiterated that authorship recognition (paternity right) is crucial under moral rights.

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9. International Perspective

• Berne Convention (1886, Article 6bis): Recognises authors’ moral rights including paternity and integrity.
• TRIPS Agreement (1994): Mandates member states to provide effective copyright protection.
• India, being a signatory, extends these protections to paintings internationally.

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10. Conclusion

Paintings, as artistic works, enjoy robust protection under the Copyright Act, 1957. The law provides both economic rights (Section 14) and moral rights (Section 57) to safeguard the painter’s commercial interests and personal dignity. Judicial decisions like Amarnath Sehgal v. Union of India have reinforced the importance of respecting artists’ rights. In the digital age, where art is easily reproduced, copyright protection plays a crucial role in ensuring that painters are acknowledged and fairly rewarded for their creativity.

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📚 Case Laws on Protection of Paintings under Copyright Law

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1. Amarnath Sehgal v. Union of India (2005, Delhi High Court)

Facts:

• Amarnath Sehgal, a famous artist, created a large mural for Vigyan Bhavan, Delhi.
• The mural was removed and damaged by the Government without his consent.
• Sehgal claimed this violated his moral rights, particularly authorship and integrity.

Issue:

• Whether the destruction of an artwork violated the artist’s copyright moral rights.

Judgment:

• The Court recognised Sehgal’s Right of Paternity and Right of Integrity under Section 57.
• Ordered the Government to compensate him and return the mural.

Principle:

• Moral rights exist independently of economic rights.
• The author must always be acknowledged as the creator of his painting or artwork.

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2. Kamal Kishore v. S.K. Sarin (1990, Delhi High Court)

Facts:

• Kamal Kishore, an artist, sued for infringement of his artistic work.
• The defendant argued that the work lacked artistic quality.

Issue:

• Whether artistic merit is necessary for copyright protection.

Judgment:

• The Court held that artistic quality is irrelevant.
• Even simple paintings, sketches, or drawings are protected under Section 2(c).

Principle:

• Copyright protects originality, not artistic excellence.

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3. Raj Rewal v. Union of India (2019, Delhi High Court)

Facts:

• Raj Rewal, an architect, designed the Hall of Nations at Pragati Maidan.
• The building was demolished by the Government.
• He argued this violated his moral rights.

Judgment:

• The Court reiterated the importance of moral rights, including the Right of Paternity.
• However, since the building belonged to the Government, demolition was allowed.

Principle:

• Recognition of authorship is crucial, but property rights of the owner may limit enforcement.

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4. Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. (1986, Delhi High Court)

Facts:

• Mannu Bhandari, a novelist, wrote “Aapka Bunty.”
• A film adaptation was made without proper acknowledgment of her.

Judgment:

• The Court upheld her Right of Paternity under Section 57.

Principle:

• Even if economic rights are assigned, the author must be credited.

👉 Though not about paintings, this case strengthens moral rights for all artistic creators.

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5. Amar Nath Sehgal’s Case (Reaffirmed in Later Precedents)

• Often cited as the leading precedent on copyright protection of artistic works in India.
• Courts continue to rely on this case when dealing with author’s personal bond with their creation.

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Summary Table of Case Laws

Case	Court & Year	Key Legal Principle
Amarnath Sehgal v. Union of India	Delhi HC, 2005	Moral rights (authorship & integrity) are protected; compensation awarded.
Kamal Kishore v. S.K. Sarin	Delhi HC, 1990	Copyright does not depend on artistic quality.
Raj Rewal v. Union of India	Delhi HC, 2019	Recognition of authorship important; limited by ownership rights.
Mannu Bhandari v. Kala Vikas Pictures	Delhi HC, 1986	Author must be credited even if economic rights are sold.

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