Art Collection can be a complex process to navigate from the valuation of artworks to certification and financing. However, It extends beyond that, one needs to sort out various legal provisions which can influence the ownership, authenticity and transfer of artworks. Let’s take a look at some legal provisions in Art collecting as part of the Art Law Resources 2025 with Art Law and Copyright Guide.
Copyright Protection for Artworks in India
The Copyright Act of 1957, protects artists’ rights and enables fair monetization of creative works. “Artistic work” under the Act includes paintings, sculptures, drawings, engravements, photographs, architecture, and other artistic craftsmanship, with originality being a protection prerequisite. The creator is typically the first owner unless the work was created under employment or commission. Digital artworks and AI have sparked debates about valid authorship, as the Copyright Act traditionally attributes authorship to natural persons, requiring demonstration of creativity and skill.
Antiquities and Art Treasures Act 1972: Protecting India’s Cultural Heritage
The Antiquities Act regulates the export and trade of valuable artworks, preventing smuggling and fraudulent dealings. “Antiquities” encompass coins, sculptures, paintings, and other artistic works over 100 years old, while “art treasures” are works of exceptional artistic value designated by the Central Government after the artist’s death. This legislation emphasizes historical relevance and aesthetic value, positioning these works as vital components of India’s cultural economy.
Trademarks Act, 1999: Brand Protection for Artistic Works
The Trademarks Act complements copyright protection by safeguarding the intellectual property that creates brand resonance, protecting the economic rights of creators and brand owners. While copyright covers the artistic elements, trademarks protect the distinctive identity elements including devices, brands, headings, labels, tickets, names, signatures, words, letters, numerals, shapes, packaging, colour combinations, or any combination thereof through printed or visual representations.
The Sale of Goods Act, 1930: Legal Framework for Art Transactions
The Sale of Goods Act provides the fundamental legal structure governing art transactions as both contractual arrangements and sales of movable goods. This legislation regulates the essential conditions of such contracts, including delivery timelines and transfer terms. As a law of warranty, it empowers buyers to cancel contracts when specified conditions are breached.
However, the Act notably does not provide any implied warranty relating to the quality of artworks being transferred unless explicitly stated in the contract.
Consumer Protection Act, 2019: Safeguarding Art Buyers
The Consumer Protection Act works in conjunction with the Contracts Act to protect consumers against substandard goods, deficient services, and unfair trade practices.
In art transactions, this legislation provides crucial protections against fraud. Selling counterfeit works as originals or selling artwork without proper title constitutes offering defective products under the Act. Similarly, negligent or fraudulent certification procedures would be classified as deficient services. Violations can result in fines, imprisonment, or both, depending on the impact of such deceptive practices.
Information Technology Act, 2000: Digital Protection in the Art World
As the digital art marketplace expands, auction houses and galleries increasingly store sales data, bids, and electronic representations of artworks, bringing art transactions under the purview of the IT Act. In a landmark case against Maqbool Fida Husain Vs. Raj Kumar Pandey established an important precedent when the Delhi High Court dismissed charges of obscenity and hurting religious sentiments filed against the artist. The court upheld the fundamental right to freedom of expression under the Indian Constitution, noting that provisions regarding obscenity under both the IT Act and the Indian Penal Code must be interpreted through contemporary and subjective standards appropriate for evaluating artistic works.
About Aura Art
Aura Art stands as a distinguished presence in the Indian art market since its founding in April 2006 by Daljit Singh Sethi and his sons Harmeet and Rishiraj. Born from decades of art research and collection, the company has evolved into a comprehensive art services organization through its two subsidiaries: Aura Art Development Pvt Ltd (est. 2008) and Aura Art eConnect Pvt Ltd (est. 2015).
The company’s mission centres on elevating Indian art through several key initiatives: carefully curating exceptional artworks from both established and Aura Art Contemporary Artists, increasing public exposure to distinguished art pieces, and positioning art as a viable investment asset class. Aura Art has developed particular expertise in serving various stakeholders in the art ecosystem with its Aura Art Online Art Platform with its Aura Art Collectors Community, offering specialized services to corporates, real estate developers, architects, and interior designers, including commissioned projects.
What sets Aura Art apart is its commitment to both the artistic and commercial aspects of the art world, providing comprehensive art infrastructure services while working to educate collectors and investors about the nuances of art as an investment. With its team now including prominent personalities from diverse fields, Aura Art continues to bridge important gaps in the Indian art market while maintaining a long-term perspective that benefits all stakeholders.
Credit: First-of-its-kind ‘Art Law E-Book’ put together recently by Dentons Link Legal and Aura Art
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