Decoding copyright and design laws in hand block printing

IPR, Legalities

Decoding copyright and design laws in hand block printing

Majumder, Shwetasree

Issue #007, Winter, 2021                                                                       ISSN: 2581- 9410 Copyright, as the name suggests, is a great example of irony! Contrary to what the word suggests, it is the right to not be copied. Conceptually, it is the inherent protection that is enjoyed by certain types of creative works, against their reproduction by others. Copyright protection extends over written work (irrespective of its ‘literary’ merit – including, not only poetry and fiction, but even source code of software programs), artistic work (patterns, paintings, sketches, posters etc.), cinematographic works (audio visual content), sound recordings and musical compositions and dramatic works. The only requirement to assert copyright protection is that the work should be tangible and not merely residing in the imagination of the creator. Copyright protection commences automatically from the time a work is created and its registration is not necessary (although it is beneficial as a proof of title). However, Indian copyright law has some interesting quirks that specifically impact the fashion design space and are therefore important for designers/ artists to know. There are two separate laws that cover the field – the Copyright Act and the Designs Act. The first is understood to typically extend to 2D works and the second to 3D works; although that is a rather broad categorisation. Several independently protectable artistic works arise in relation to a block printed pattern – the first is the copyright over the u...
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