Terms of Copyright
by The duration of copyright protection in India is governed by Chapter V of the Copyright Act, 1957, and is not perpetual—it is granted for a limited period. The general rule is that copyright lasts for 60 years, but the starting point of this term depends on the nature of the work. Until 1992, the term was 50 years from the death of the author, but it was amended to 60 years to meet India’s obligations under the Berne Convention. The moral rights of the author, however, are available in perpetuity, even after the economic rights expire.
Terms of Copyright:
1. Literary, Dramatic, Musical, and Artistic Works
Under Section 22, for published literary, dramatic, musical, and artistic works, the copyright term is the lifetime of the author plus 60 years, counted from the beginning of the calendar year following the year in which the author dies. This rule applies to novels, plays, poems, paintings, and sculptures. In the case of joint authorship, the 60-year period is calculated from the death of the last surviving author. The extended term ensures that the author’s heirs continue to benefit from the work for a substantial period after the creator’s death.
2. Anonymous and Pseudonymous Works
Section 23 provides that for works published anonymously or pseudonymously, the copyright subsists for 60 years from the beginning of the calendar year following the year of first publication. This term applies when the identity of the author is not disclosed to the public. However, if the identity of the author is disclosed before the expiry of this period, the term reverts to the standard rule of the author’s lifetime plus 60 years. This rule balances public access with the potential for authorship revelation.
3. Posthumous Works
Section 24 governs works that have not been published before the author’s death. For such literary, dramatic, musical, or artistic works, including engravings, the copyright lasts for 60 years from the beginning of the calendar year following the year of first publication. This provision ensures that works published after the author’s death still receive protection. The term begins from publication rather than the author’s death because the death date is irrelevant if the work was not made public during the author’s lifetime.
4. Cinematograph Films
Section 26 provides that the copyright in a cinematograph film subsists for 60 years from the beginning of the calendar year following the year in which the film is first published. This term applies to all films, including feature films, documentaries, and short films. The term is calculated from the date of first publication, not from the date of creation or registration. This rule recognises that films are collaborative works involving multiple contributors and provides a fixed, predictable term for commercial exploitation.
5. Sound Recordings
Section 27 provides that the copyright in a sound recording lasts for 60 years from the beginning of the calendar year following the year in which the sound recording is first published. This applies to all audio recordings, including music albums, audiobooks, and podcasts. The term is calculated from publication rather than creation. This uniform term provides clarity to music producers and recording artists, allowing them to commercially exploit their recordings for a substantial period.
6. Government Works
Section 28 provides that in the case of works where the Government is the first owner of the copyright, the term is 60 years from the beginning of the calendar year following the year of first publication. This covers legislative enactments, government reports, official publications, and other works created by or for the Government. The term ensures that government works remain protected for a defined period before entering the public domain, balancing public access with government interests.
7. Works of Public Undertakings
Section 28A provides that for works where a public undertaking is the first owner of the copyright, the term is also 60 years from the beginning of the calendar year following the year of first publication. Public undertakings include government-owned corporations and enterprises. This provision mirrors the term for government works, recognising that public undertakings also serve public functions. The uniform term ensures consistency across works owned by state entities.
8. Works of International Organisations
Section 29 provides that the term for works of international organisations is also 60 years from the beginning of the calendar year following the year of first publication in India. This applies to works published by organisations like the United Nations, World Health Organization, and others. The term ensures that such works receive protection in India equivalent to domestic works. This provision reflects India’s international obligations under various treaties and conventions.
9. Moral Rights
Section 57 provides that moral rights of the author are perpetual and continue even after the economic rights expire. These include the right of paternity, enabling the author to claim authorship, and the right of integrity, preventing distortion or modification prejudicial to reputation. Moral rights are inalienable and cannot be waived, subsisting even after assignment of economic rights. This ensures that the author’s personal connection to the work is forever protected, regardless of the economic term expiration.
10. Calculation of Term from Calendar Year
In all cases, the term is counted from the beginning of the calendar year following the relevant event, such as the author’s death or the year of publication. For example, if an author dies on 15th June 2020, the 60-year term begins from 1st January 2021 and expires on 31st December 2080. This uniform calculation method provides clarity and consistency in determining the expiry of copyright protection. The rule ensures that the entire year following the event is excluded from the count.