THE 50 COPY RULE: A LEGAL GUIDE FOR DESIGNERS ON COPYRIGHT AND DESIGN RIGHTS

INTRODUCTION

In the world of fashion, textiles, industrial products, and even digital design, creativity and functionality often go hand in hand. But what happens when your design is not just art, it becomes a product? For Indian designers, understanding the legal distinction between copyright protection and design registration is not just important; it’s essential for safeguarding your rights and avoiding costly legal mistakes.

The line between an “artistic work” and a “design” may seem fine, but it carries significant legal consequences. This line is drawn by Section 15(2) of the Copyright Act, 1957, and its interpretation has been shaped by landmark judicial decisions. For any designer who intends to scale their work beyond a one-off creation, whether it’s clothing, jewellery, furniture, or industrial components, grasping this distinction is crucial.

This is where TMWala steps in. With specialized expertise in IP law, design registration, and copyright protection, TMWala assists creators in identifying the right form of legal protection for their work before they unknowingly cross the 50-copy threshold.

ARTISTIC WORK VS. DESIGN

Let’s begin with a simplified explanation:

• Artistic Work (as per Section 2(c) of the Copyright Act, 1957): “artistic work” means,—
• a painting, a sculpture, a drawing (including a diagram, map, chart, or plan), an engraving, or a photograph, whether or not any such work possesses artistic quality;
• a [work of architecture]; and
• any other work of artistic craftsmanship;”
• Design (as per Section 2(d) of the Designs Act, 2000): ““design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye;”

Now comes the critical overlap. If an artistic work is applied to a product more than 50 times using an industrial process, Section 15(2) of the Copyright Act gets involved. According to this provision, the artwork loses copyright protection unless registered as a design under the Designs Act.

TMWala provides proactive IP assessment services, helping designers classify their work correctly and initiate registration procedures early, well before the design is replicated commercially.

SECTION 15(2): WHAT IT MEANS FOR DESIGNERS

Section 15(2)  states “Copyright in any design, which is capable of being registered under the 3[***] 4[Designs Act, 2000 (16 of 2000)] but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.”

This legal architecture prevents misuse of copyright law to monopolize industrial designs, encouraging fair competition and innovation.

JUDICIAL INSIGHTS: WHY THIS DISTINCTION MATTERS

Several court cases have clarified how and when copyright ceases, and design law must take over. These cases offer valuable lessons for designers who intend to commercialize their creations.

1. Microfibres Inc. v. Girdhar & Co.2009 SCC OnLine Del 1647

This landmark case involved upholstery fabric designs that were initially claimed as artistic works under the Copyright Act. However, the designs had been applied more than 50 times industrially and were capable of registration under the Designs Act. The court held that copyright protection had ceased under Section 15(2).

The ruling emphasized that even if a work is artistic in origin, once it becomes a part of industrial production, it must transition into the domain of design law. Designers must anticipate how their work will be usedart for display or product for sale.

2. Ritika Pvt. Ltd. v. Biba Apparels Pvt. Ltd.2016 SCC OnLine Del 1979

In this case involving fashion designs, the court reaffirmed the Microfibres judgment. Since the designs had been used to produce more than 50 garments, and the creators had not registered under the Designs Act, copyright protection lapsed.

This decision made it clear: fashion designers cannot rely on copyright alone if their work is being produced commercially on a large scale.

3. Holland Co. LP v. S.P. Industries2017 SCC OnLine Del 9370

Here, engineering drawings used to manufacture cargo-locking systems were claimed as copyrighted artistic works. However, since these designs were industrial in nature and used in mass manufacturing, the court held that design registration was the appropriate route for protection.

KEY PRINCIPLES EVERY DESIGNER SHOULD UNDERSTAND

These cases establish some consistent and important legal principles:

1. Artistic vs. Industrial Purpose: If your creation is intended to be mass-produced, even if it’s visually appealing, it likely qualifies as a design, not an artistic work.
2. 50 Reproduction Threshold: This is the legal tipping point. Once a design is reproduced more than 50 times using an industrial process, copyright protection ceases unless the design is registered under the Designs Act.
3. Duration of Protection: Copyright offers a longer duration (life + 60 years), but only for artistic works not used industrially. Designs, on the other hand, have a shorter protection span (maximum of 15 years), but registration is mandatory for enforceability.
4. Prevention of Legal Overlap: Indian law is structured to prevent dual protection. You cannot claim long copyright protection for a commercial design without complying with the Designs Act.
5. Business Impact: Failing to register a commercially used design means forfeiting legal remedies if someone copies your work. This could result in loss of competitive advantage, revenue, and brand value.

WHY DESIGNERS MUST BE PROACTIVE

Understanding these legal distinctions is not just a technical matter; it is a strategic necessity for designers. Whether you’re launching a fashion line, creating product packaging, or producing industrial prototypes, you must consider:

• Is my design meant for one-time display or mass production?
• Have I exceeded the 50-use threshold?
• Have I registered under the Designs Act if needed?
• Do I have contracts or NDAs protecting my IP during design development?

Designers often spend years developing an aesthetic identity. Without proper legal foresight, all that work can be vulnerable to imitation, with no enforceable rights to stop it. Worse, relying on copyright protection alone for a design used industrially could mean having no protection at all once the threshold is crossed.

CONCLUSION

In a creative industry, it’s easy to assume that your originality speaks for itself. But in legal terms, it’s not originality alone, it’s how you protect and apply your work that defines your rights.

Indian law recognizes the value of both art and industry but draws clear boundaries between the two. Section 15(2) of the Copyright Act exists to ensure fair competition in industrial design while preserving long-term rights for purely artistic works.

Designers who understand these boundaries can strategically protect their work, choose the right registration paths, and avoid pitfalls that could cost them their creative legacy.

Whether you’re a fashion designer, product developer, graphic artist, or entrepreneur, knowing the difference between copyright and design law isn’t optional. It’s a professional imperative.

By working with experienced IP professionals like TMWala, designers can ensure their creations are not just admired but legally secured, commercially scalable, and competitively protected.