THE ROLE OF COPYRIGHT LAW IN PROTECTING CREATIVE WORKS OF ART A Doctrinal Study of the Indian Copyright Framework with Comparative and Digital Perspectives

Author

Astha Chouhan, Chetan Ashke, Karan Gangrade

Abstract

 Copyright is the principal legal mechanism through which modern legal systems protect original creative expression. In the field of art, copyright performs a particularly important function because paintings, drawings, sculptures, photographs, architectural works and other forms of artistic craftsmanship embody both economic value and the personal identity of their creators. This paper examines the role of copyright law in protecting creative works of art, with primary emphasis on the Indian Copyright Act, 1957. It analyses the statutory meaning of an artistic work, the originality requirement, the bundle of economic rights, ownership and assignment, moral rights, infringement, exceptions and limitations, remedies, and the relationship between copyright and design protection. It also considers the impact of digitisation, social-media dissemination, online marketplaces, non-fungible tokens and artificial-intelligence-assisted creation. The paper argues that Indian copyright law provides a comparatively broad statutory foundation for artistic works, particularly because the definition of 'artistic work' in section 2(c) is not restricted by a requirement of aesthetic merit. At the same time, protection is not absolute. The law must maintain a balance between the artist's exclusive rights and the public interest in education, criticism, research, cultural participation, access to knowledge and subsequent creativity. Judicial decisions such as R.G. Anand v Deluxe Films, Eastern Book Company v D.B. Modak, Amar Nath Sehgal v Union of India, Mannu Bhandari v Kala Vikas Pictures and Microfibres Inc v Girdhar & Co illustrate the continuing effort of Indian courts to distinguish protected expression from unprotected ideas, determine the threshold of originality, preserve the author's moral relationship with a work and manage the boundary between copyright and industrial design. The paper concludes that copyright remains indispensable to artistic creativity, but its effectiveness in the digital environment depends upon accessible enforcement, stronger attribution mechanisms, carefully calibrated exceptions, platform responsibility and doctrinal clarity regarding AI-generated works.

Keywords

Copyright; Artistic Works; Creative Works; Intellectual Property Rights; Originality; Moral Rights; Infringement; Fair Dealing; Digital Art; India.

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References

Copyright law remains one of the most important legal institutions for protecting creative works of art. Its significance lies not merely in preventing copying but in constructing a balanced system in which artists can create, control, license and receive economic value from their work while society retains access to ideas, cultural materials and legitimate educational and critical uses. The Indian Copyright Act provides a broad statutory foundation by recognising a wide range of artistic works, granting exclusive economic rights, protecting authors through moral rights and providing civil and criminal remedies. The judicial decisions considered in this paper show that Indian courts have developed principles capable of adapting to new factual situations while maintaining the basic distinction between protected expression and unprotected ideas.

Nevertheless, legal protection is only as effective as its ability to respond to actual conditions of artistic production. Digital copying, platform-based dissemination, industrial reproduction and AI-generated images challenge assumptions built around physical works and identifiable copying. The future of copyright should therefore not be based on ever-expanding exclusivity. It should instead focus on precise rights, accessible enforcement, transparent licensing, strong attribution, carefully designed exceptions and clear rules for emerging technologies.

The central conclusion of this research is that copyright should be understood as an ecosystem rather than a single prohibition against copying. For the artist, it protects the economic value of creative expression; through moral rights, it protects the personal and reputational relationship with the work; through limitations and exceptions, it preserves public access and future creativity; and through international instruments, it allows protection to operate beyond national borders. A sustainable copyright regime must maintain all four dimensions simultaneously. In doing so, Indian law can continue to encourage artistic creativity while ensuring that copyright remains compatible with cultural participation, technological innovation and the public interest.

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