Copyright explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Artistic Works Manual starts with a plain test: any original creation fixed in a tangible form can be entered in the Register of Copyrights, whether or not it has artistic quality. It then sorts artistic works into two groups that matter for the form, the fee and the documents: works used or capable of being used in relation to goods or services, and all the others. Our post on section 2, Part 1 gives the statutory definitions.
Status. The Manual was published by the Copyright Office in 2018 after public comments on a draft. It is the Copyright Office's guidance and does not have the force of law; the Copyright Act, 1957 and the Copyright Rules, 2013 as now in force prevail. The Office may revise its practice, so check the current position on copyright.gov.in.
An artistic work covers paintings, sculptures, drawings, engravings, photographs, works of architecture and works of artistic craftsmanship. A work that can distinguish goods or services, such as a logo, label, packaging or cartoon, is treated as used or capable of being used in relation to goods or services, which affects the fee and brings in a Trade Marks Registry search certificate. A work that could be a registered design needs an affidavit. Each application must cover one work.
The Manual's kinds of artistic work
The Manual follows section 2(c): a painting, sculpture, drawing (including a diagram, map, chart or plan), engraving or photograph, whether or not it has artistic quality; a work of architecture; and any other work of artistic craftsmanship. Its subsections add:
- Architecture. A building or structure with an artistic character or design, or a model of one. The Manual says the work must be located in India (section 13(2)(iii)), and that copyright covers only the artistic character and design, not the processes or methods of construction (section 13(5)).
- Photograph. Includes photo-lithographs and work made by a process like photography, but not any part of a cinematograph film (section 2(s)).
- Engravings. Etchings, lithographs, wood-cuts and prints, other than photographs (section 2(i)).
- Sculpture. Includes casts and moulds (section 2(za)).
Our posts on artistic works and photographs give the wider law. Anyone ready to file can start with our copyright registration service.
Works used in relation to goods or services
Section 1.5 of the Manual says a work that can be represented graphically and can distinguish the goods or services of one undertaking from those of another is considered a work capable of being used in relation to goods or services. It names brand symbols, labels, logos, packaging and cartoons.
Why does this matter?
- Fee. The Manual prints the amounts as INR 2,000 per work for such works and INR 500 per work for the rest, which match the heads in our post on rule 83 and the Second Schedule as notified in 2013. That post notes the Schedule still says "goods" where the rule now says "goods or services", so check the current Schedule before paying.
- Documents. The next article explains the Trade Marks Registry search certificate required for the first group, with its trade marks rule.
- Statement of Particulars. Column 4 asks whether the work is used or capable of being used in relation to goods or services.
If a work could grow into a trade mark, assume the Office will treat it as the first group. A sculpture or a painting hung in a gallery is the second.
Artistic work that could be a design
Part 1.6 of the Manual deals with work that could be registered under the Designs Act, 2000, and reproduces the Act's definition of a design: features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article by an industrial process, judged solely by the eye. It then explains section 15 of the Copyright Act: no copyright subsists in a design registered under the Designs Act, and copyright in a design capable of registration but not registered ceases once the article has been reproduced more than fifty times by an industrial process by the owner or with his licence. Our post on sections 15 and 16 covers both.
For the examiner, the consequence is an affidavit from the applicant, and the work must be filed as a single work. The Manual says such works are treated as artistic works for registration irrespective of the artistic craftsmanship, provided each is expressed as one work.
What the examiner checks
| Point | What the Office expects | Common lapse |
|---|---|---|
| Group | Correct choice between used or capable of being used in relation to goods or services and not | Treating a brand mascot as a plain drawing |
| Fee head | The amount for the chosen group | Paying the lower amount for a logo |
| Single work | One work per application | Filing a logo set as one application |
| Design overlap | Affidavit where the work is design-like | No affidavit for a repeat pattern |
| Architecture | Location in India; claim limited to artistic character and design | Claiming construction methods |
A worked example
Imran Khan, a designer in Jaipur, finishes two works: a block-print pattern he intends to print on cotton in large runs, and a logo for a tea brand. The pattern looks like a design: he files it as a single artistic work and supports it with the Designs Act affidavit. The logo is in the first group, so he pays the higher head and arranges the search certificate before filing. If he had put both on one form, the examiner would ask him to separate them, because one application covers one work.
Need help with an artistic work application?
If you are filing a logo, label, pattern or illustration, we can place it in the right group, prepare the forms and coordinate the supporting documents through our copyright registration service.
Key takeaways
- Artistic quality is not required; the work must be original and fixed.
- Logos, labels, packaging and cartoons fall in the goods-or-services group.
- That group has a higher fee head and needs a search certificate.
- Design-like work needs an affidavit, and one work per application.
- The Act and Rules as now in force prevail over the Manual.
Read next
- The five Copyright Office manuals and how an application is examined
- Artistic Works Manual: registration prerequisites and the search certificate
- Artistic Works Manual: recurring questions on subject matter
- Copyright in artistic works: paintings, photos, architecture
Disclaimer: Based on the Practice and Procedure Manuals published by the Copyright Office in 2018 for literary, artistic, musical, cinematograph film and sound recording works, as consulted on 4 October 2026. The manuals are guidance and do not have the force of law; the Copyright Act, 1957 and the Copyright Rules, 2013 as now in force prevail, and current fees, forms and practice should be checked on copyright.gov.in. This article is general information, not legal advice; check the official text before acting.