Resources for Artists & Cultural Sector

No. Under Section 14 of the Indian Copyright Act, 1957, the sale of a physical artwork transfers ownership of the object only, not the underlying copyright. Unless you explicitly assign the copyright in a written, signed agreement, you retain all rights to reproduce, license, or publish images of your artwork.

Section 57 of the Copyright Act guarantees the author's moral rights: the Right of Paternity (to claim authorship) and the Right of Integrity (to prevent distortion, mutilation, or modification that harms the author's honor or reputation). Moral rights remain with the artist even after the copyright is sold or assigned.

Artworks that are not classified as "Antiquities" (objects under 100 years old) can generally be exported temporarily under ATA Carnet protocols or customs declarations for international biennials/exhibitions. However, artworks registered under the Antiquities and Art Treasures Act, 1972 require explicit sanctions and temporary export permits from the Archaeological Survey of India (ASI).

Visual art sales generally attract GST depending on whether the sale is made directly by the creator or through an intermediary/gallery. Galleries acting as consignment agents must handle GST billing on both the sale price and their commission fee. Artists crossing the statutory GST registration threshold must maintain proper tax invoices.