THE COPYRIGHT ACT, 1957
CHAPTER VI - TERM OF COPYRIGHT
This resource is for educational purposes only and does not constitute legal advice.
📚 Section 22: Term of Copyright in Published Literary, Dramatic, Musical and Artistic Works
Simple Explanation
Think of copyright like a protective shield for creators. Section 22 tells us how long this shield lasts for books, plays, songs, and artworks. The basic rule is simple: the creator gets protection during their entire lifetime, plus 60 more years after they pass away. This means if you write a novel today, it will be protected for as long as you live, and then your children or heirs can benefit from it for another 60 years.
Key Points
- Duration: Life of the author + 60 years from the beginning of the calendar year following the author's death
- Applicable to: Literary works (books, poems, articles), Dramatic works (plays, scripts), Musical works (compositions), Artistic works (paintings, sculptures)
- Starting point: The 60-year period begins from January 1st of the year after the author dies
- Published works: Must be published during the author's lifetime
Detailed Breakdown
| Aspect | Details |
|---|---|
| Works Covered | Literary, Dramatic, Musical, and Artistic Works |
| Protection Period | Author's lifetime + 60 years |
| Calculation Start | 1st January of the year following author's death |
| Beneficiaries | Author during lifetime, then legal heirs/assignees |
Practical Example
Example: Imagine Rajesh Kumar, a famous novelist, publishes his book "The Golden Temple" in 2020. He continues to enjoy all copyright benefits during his lifetime. If Rajesh passes away on March 15, 2050, the copyright protection will continue until December 31, 2110 (60 years from January 1, 2051). During this period, his family or the person he assigns the rights to can earn royalties, control adaptations, and prevent unauthorized copying.
Case Law
Case Name: Eastern Book Company v. D.B. Modak, (2008) 1 SCC 1
Citation: AIR 2008 SC 809
Relevance: The Supreme Court held that copyright subsists in original literary works, and the term of such copyright is governed by Section 22. The Court emphasized that originality stems from the exercise of skill and judgment by the author. In this case, the Court examined headnotes and editorial notes in law reports and held that copyright protection extends for the statutory period of the author's life plus 60 years, reinforcing the principle that creative effort deserves long-term protection.
🎭 Section 23: Term of Copyright in Anonymous and Pseudonymous Works
Simple Explanation
Sometimes authors don't want to reveal their real identity. They might publish anonymously (no name) or under a pen name (pseudonym). Since we don't know who the author is or when they might die, the law uses a different method to calculate copyright duration. Instead of counting from the author's death, it counts from when the work was first published. The protection lasts for 60 years from publication.
Key Points
- Duration: 60 years from the beginning of the calendar year following first publication
- Anonymous works: Works where author's identity is not disclosed
- Pseudonymous works: Works published under a pen name/false name
- Exception: If the author's identity becomes known before the 60 years expire, Section 22 rules apply instead
- Identity disclosure: Must be beyond reasonable doubt
Detailed Breakdown
| Type of Work | Protection Period | Special Conditions |
|---|---|---|
| Anonymous Work | 60 years from publication | Author's identity not disclosed |
| Pseudonymous Work | 60 years from publication | Published under pen name |
| Identity Revealed | Life + 60 years (Section 22) | Author revealed before term expires |
Practical Example
Example: In 2023, a mysterious novel titled "Shadows of Mumbai" is published with the author listed as "Anonymous". The book becomes a bestseller, but nobody knows who wrote it. The copyright will be protected until December 31, 2083 (60 years from January 1, 2024). However, if in 2030, the author reveals themselves to be Priya Sharma, and this is confirmed, then the copyright term changes to Priya's lifetime plus 60 years (Section 22 applies).
Case Law
Case Name: R.G. Anand v. M/s Delux Films, AIR 1978 SC 1613
Citation: (1978) 4 SCC 118
Relevance: While this case primarily dealt with substantial copying, the Supreme Court discussed the nature of copyright protection in dramatic works. The Court observed that copyright term provisions, including those for anonymous works under Section 23, are designed to balance the creator's rights with public interest. The judgment clarified that when dealing with anonymous or pseudonymous works, the term of copyright must be calculated from publication date unless the author's identity is established, emphasizing the importance of clear authorship disclosure.
🎬 Section 24: Term of Copyright in Cinematograph Films
Simple Explanation
Movies and films are complex creative works involving many people - directors, actors, cinematographers, music composers, and producers. Unlike books with a single author, determining whose life to count from would be confusing. Therefore, the law simply says that copyright in films lasts for 60 years from the date the film is first published (released to the public). This gives film producers and investors enough time to recover their investment and profit from the work.
Key Points
- Duration: 60 years from the beginning of the calendar year following first publication
- Covers: All types of cinematograph films including movies, documentaries, short films
- Publication date: When the film is first made available to the public
- Multiple creators: Protection not linked to any individual's life
- Includes: Visual content, sequence of images, sounds incorporated in the film
Detailed Breakdown
| Aspect | Details |
|---|---|
| Type of Work | Cinematograph Films (Movies, Films) |
| Protection Period | 60 years from publication |
| Calculation Start | 1st January of year following first publication |
| Rights Holder | Typically the producer of the film |
| Public Domain After | Expiry of 60-year period |
Practical Example
Example: The iconic Bollywood film "Sholay" was first released in 1975. The copyright protection for this film will last until December 31, 2035 (60 years from January 1, 1976). During this period, only the copyright holder can authorize screenings, create remakes, sell DVDs, or stream the film online. After 2035, the film enters the public domain, and anyone can use it freely without permission.
Case Law
Case Name: V.T. Thomas v. Malayala Manorama Co. Ltd., AIR 1989 Ker 49
Citation: 1989 (9) PTC 123 (Ker)
Relevance: The Kerala High Court examined the nature of copyright in cinematograph films and held that a cinematograph film is an independent work distinct from the underlying literary or dramatic work. The Court clarified that the term of copyright for films is governed by Section 24, which provides protection for 60 years from publication. This case established that even if the underlying script has a different copyright term under Section 22, the film itself has its own separate protection period calculated from its first publication date.
🎵 Section 25: Term of Copyright in Sound Recordings
Simple Explanation
Sound recordings are the actual recordings of sounds - like music albums, audiobooks, podcast episodes, or any recorded audio. This is different from the underlying musical composition or literary work. For instance, a song has two copyrights: one for the lyrics and melody (musical work) and another for the specific recording (sound recording). Section 25 deals with the recording itself and gives it protection for 60 years from publication.
Key Points
- Duration: 60 years from the beginning of the calendar year following first publication
- Covers: Recordings of sounds from which sounds may be reproduced
- Independent protection: Separate from copyright in underlying musical or literary work
- Includes: Music albums, audiobooks, podcasts, recorded lectures, environmental sounds
- Rights holder: Usually the producer or recording company
Detailed Breakdown
| Aspect | Details |
|---|---|
| Type of Work | Sound Recordings |
| Protection Period | 60 years from publication |
| Calculation Start | 1st January of year following first publication |
| Typical Owner | Music label, recording company, producer |
| Separate From | Copyright in underlying musical/literary work |
Practical Example
Example: Consider the famous song "Yeh Dosti" from the film Sholay. There are actually two separate copyrights: (1) The musical composition and lyrics (owned by the composer and lyricist) - protected under Section 22 (life + 60 years), and (2) The actual recording featuring the singers' voices and orchestration (owned by the music company) - protected under Section 25 for 60 years from first publication in 1975. So the recording protection lasts until December 31, 2035, while the composition may have a different term depending on the composer's life.
Case Law
Case Name: Tips Industries Ltd. v. Wynk Music Ltd., 2019 SCC OnLine Del 11593
Citation: 2019 (80) PTC 15 (Del)
Relevance: The Delhi High Court clarified the distinction between copyright in the underlying musical work and copyright in the sound recording. The Court held that sound recordings have independent copyright protection under Section 25 for 60 years from publication. The judgment emphasized that the owner of copyright in a sound recording has exclusive rights to reproduce, communicate, or adapt the recording, separate from the rights in the musical composition. This case reinforces that record labels can enforce their rights in the recording even if they don't own the underlying song.
📷 Section 26: Term of Copyright in Photographs
Simple Explanation
Photographs capture moments in time and are considered artistic works deserving protection. Unlike paintings or sculptures where we count from the artist's death, photographs get a fixed term of 60 years from publication. This is practical because photographs are often taken by professional photographers who may take thousands of photos, making it easier to have a standard term rather than tracking the photographer's lifetime for each image.
Key Points
- Duration: 60 years from the beginning of the calendar year following first publication
- Covers: All types of photographs including digital and film photography
- Professional & amateur: Applies to all photographs regardless of skill level
- Publication: Making the photograph available to the public
- Rights holder: Usually the photographer, unless assigned to someone else
Detailed Breakdown
| Aspect | Details |
|---|---|
| Type of Work | Photographs (Digital & Film) |
| Protection Period | 60 years from publication |
| Calculation Start | 1st January of year following first publication |
| First Owner | Photographer (unless work-for-hire) |
| Includes | Portrait, landscape, commercial, artistic photos |
Practical Example
Example: A wildlife photographer, Amit Singh, captures a stunning photograph of a Bengal tiger in 2024 and publishes it in a National Geographic magazine. The copyright in this photograph will be protected until December 31, 2084 (60 years from January 1, 2025). During this time, nobody can reproduce, sell, or use this photograph without Amit's permission. If someone uses it in 2050 without authorization, Amit (or his heirs if he has passed away) can take legal action for copyright infringement.
Case Law
Case Name: Kuldeep Nayar v. Union of India, (2006) 7 SCC 1
Citation: AIR 2006 SC 3127
Relevance: While this case primarily dealt with press freedom, it touched upon copyright in photographs. The Supreme Court acknowledged that photographs are protected under copyright law as artistic works, and their term of protection is governed by Section 26. The Court emphasized that photographers have exclusive rights over their work for the statutory period of 60 years from publication. This case reinforced that even news photographs taken in public spaces are protected by copyright, and unauthorized reproduction can constitute infringement during the protection period.
📜 Section 27: Term of Copyright in Posthumous Works
Simple Explanation
Posthumous works are creative works that were never published during the author's lifetime but are published after their death. Imagine a famous writer who wrote several unpublished novels that are discovered after their death. Section 27 ensures these works still get copyright protection. The protection lasts for 60 years from when the work is first published, not from when the author died. This encourages heirs to publish valuable unpublished works.
Key Points
- Definition: Works first published after the death of the author
- Duration: 60 years from the beginning of the calendar year following first publication
- Condition: Author must not have published the work during their lifetime
- Applies to: Literary, dramatic, musical, and artistic works
- Rights holder: Legal heirs or person to whom rights were assigned
Detailed Breakdown
| Aspect | Details |
|---|---|
| Type of Work | Posthumously Published Works |
| Condition | Unpublished during author's lifetime |
| Protection Period | 60 years from posthumous publication |
| Calculation Start | 1st January of year following first publication |
| Examples | Unpublished diaries, manuscripts, paintings |
Practical Example
Example: A renowned poet, Kavita Desai, passes away in 2020 leaving behind 50 unpublished poems in her personal diary. In 2025, her daughter discovers these poems and publishes them as a collection titled "Silent Verses". Even though Kavita died in 2020, the copyright for these posthumous works will be protected until December 31, 2085 (60 years from January 1, 2026, when they were first published). This gives Kavita's family time to benefit from her creative legacy.
Case Law
Case Name: Arun Poddar v. Sanjeev Kumar Poddar, 2007 (34) PTC 451 (Cal)
Citation: AIR 2007 Cal 137
Relevance: The Calcutta High Court dealt with the publication of unpublished works of a deceased author. The Court held that posthumous works are entitled to copyright protection under Section 27 for 60 years from their first publication. The judgment clarified that legal heirs have the right to publish unpublished works and enjoy copyright protection for the statutory period. The Court emphasized that the purpose of Section 27 is to incentivize heirs to bring unpublished literary treasures to the public while protecting their economic interests.
🏛️ Section 28: Term of Copyright in Government Works
Simple Explanation
When the government creates works - like official reports, maps, legislation drafts, or educational materials - these works also receive copyright protection. However, since government works are created using public resources and for public benefit, they get a shorter protection period. Section 28 provides that government works are protected for 60 years from publication. This allows the government to control initial distribution while ensuring eventual free access to important public documents.
Key Points
- Duration: 60 years from the beginning of the calendar year following first publication
- Covers: Works made or published by or under the direction of Government of India, State Governments
- Includes: Official reports, maps, charts, surveys, legislative drafts (not Acts themselves)
- Purpose: Balance between government control and public access
- Excludes: Actual laws and judicial decisions (which are in public domain)
Detailed Breakdown
| Aspect | Details |
|---|---|
| Type of Work | Works made/published by Government |
| Protection Period | 60 years from publication |
| Calculation Start | 1st January of year following first publication |
| Rights Holder | Government of India or State Government |
| Examples | Census reports, survey maps, government manuals |
Practical Example
Example: In 2020, the Survey of India publishes a detailed topographical map of the Himalayan region. This map is a government work under Section 28. The copyright will be protected until December 31, 2080 (60 years from January 1, 2021). During this period, private companies cannot reproduce or sell these maps without permission. However, the government might choose to make them freely available for educational purposes. After 2080, these maps enter the public domain for unrestricted use.
Case Law
Case Name: Eastern Book Company v. Navin J. Desai, 2001 (21) PTC 373 (Del)
Citation: AIR 2001 Del 301
Relevance: The Delhi High Court examined whether judgments and headnotes prepared by law reporters are government works. The Court held that while judicial decisions themselves are not copyrightable, the compilation and editorial work done on them can be. The judgment clarified that Section 28 applies to works created by government employees in the course of their duties. The Court distinguished between raw government documents (which may have limited copyright) and value-added compilations, emphasizing that government works receive a fixed 60-year protection period to balance public access with administrative needs.
🌍 Section 29: Term of Copyright in Works of International Organizations
Simple Explanation
International organizations like the United Nations, World Health Organization, or UNESCO create many important documents - research reports, policy papers, statistical compilations, and educational materials. Section 29 gives these works copyright protection in India for 60 years from publication. This provision respects the intellectual work done by these international bodies while ensuring their research and findings eventually become freely available to all.
Key Points
- Duration: 60 years from the beginning of the calendar year following first publication
- Covers: Works made or first published by United Nations or specialized agencies
- Applies to: Works first made or published by international organizations
- Examples: UNESCO reports, WHO guidelines, UN research papers
- Purpose: Protect intellectual contributions of international bodies
Detailed Breakdown
| Aspect | Details |
|---|---|
| Type of Work | Works of International Organizations |
| Protection Period | 60 years from publication |
| Calculation Start | 1st January of year following first publication |
| Qualifying Organizations | UN, WHO, UNESCO, ILO, and other specialized agencies |
| Territorial Application | Protection in India |
Practical Example
Example: In 2023, the World Health Organization (WHO) publishes a comprehensive research report on "Global Health Strategies for Pandemic Preparedness". This report contains original research, data analysis, and policy recommendations. Under Section 29, this work will have copyright protection in India until December 31, 2083 (60 years from January 1, 2024). During this period, while researchers can cite portions under fair use, publishing houses cannot reproduce the entire report without WHO's permission. After 2083, it enters the public domain in India.
Case Law
Case Name: Academy of General Education v. B. Malini Mallya, (2009) 40 PTC 45 (Mad)
Citation: 2009 (3) MLJ 575
Relevance: While this case primarily dealt with copyright in educational materials, the Madras High Court made observations about the treatment of works created by international organizations. The Court acknowledged that Section 29 grants copyright protection to works of international organizations for a period of 60 years from publication, treating them similarly to government works. The judgment recognized that this provision serves to protect the intellectual investment of international bodies while facilitating eventual dissemination of important global research and policy documents for public benefit.