Jillion influencers and artists flash their art of makeup on various social media platforms like Instagram, Snapchat, Youtube etc. Copyright laws are bound to protect the artwork of an artist. But a question arises whether every artist comes under the exact definition or not. Today, I would like to discuss ‘Is your makeup copyrightable in any country’ under different legislatures across the globe.
Copyright laws mainly protect the interest and sole authorship of the creator by protecting their original work. However, after protection, if a third party infringes any copyrighted work, a creator will get compensation.
India
The creator’s art and interest get protected under Indian Copyright Act 1957 which has a broader spectrum. Besides, that Act straightly defines “Artistic Work”. As per Sec. 2(c) artistic work means painting, sculpture, drawing (map, chart, diagram or plan), engraving, photograph, work of architecture or any other work of artistic craftsmanship, nonetheless that work possesses artistic quality or not.
This means your work does not have to be of Supreme quality instead, it has to be original to get Copyrighted. However, your idea of art cannot get copyrighted unless expressed. So if you are the creator of original artwork, I would suggest you get your work registered under copyright laws (though it's not mandatory as the moment you expressed your work, you have a copyright on it, but it won't be helpful in the long run if not registered )
UK
UK High Court ruled in Adam Ant Case held that As per sec-3 of Copyright Act facial makeup cannot be said as painting.In Merchandising Corporation of America v, Harpbond 1983 Court held that-
“ Painting” was not defined in the Act but was a word in the ordinary usage of the English language”, adding that “ it was a question of fact in any particular case whether what was being considered was or was not a painting”
The term “surface” played a pivotal role in assessing Adam’s case that whether facial make-up comes under the meaning of a painting or not under laws. However, the court held that
“A painting must be on a surface. If there were a painting in this case it must be the make-up marks plus the second plaintiff's face. If the marks were taken off the face, there could not be a painting”.
The UK court further suggested that if facial makeup was on paper in the form of a sketch or drawing, it may receive copyright protection not otherwise.
France
French IP Laws do not demand creative work to fit in previous moulds of protectable work. Neither their laws debate over the surface of facial makeup nor the fixation of the work before granting protection.
Argentina
Argentinian courts seem to root most to the artists of the fashion industry. Not directly on copyright laws basis, but considering their work as the artist's moral and patrimonial rights. Back in 2011, in a case in one magazine publisher gave credits to the wrong person for the make-up work. He approached the court for the violation of his rights.
Although primarily court rejected it on the grounds of non-original work. Whereas, after the appeal, the make-up artist got compensation on moral and economic grounds.
Nice👍
ReplyDeleteWell written !
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