THE COPYRIGHT ACT, 1957
CHAPTER V - TERM OF COPYRIGHT
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THE COPYRIGHT ACT, 1957
CHAPTER V β TERM OF COPYRIGHT
Sections 22 to 29 β Duration of Copyright Protection
π Introduction to Chapter V
Chapter V of The Copyright Act, 1957 deals with the "Term of Copyright" β meaning how long copyright protection lasts for different types of creative works. Just like a lease has an expiry date, copyright protection also expires after a certain period. After this period ends, the work enters the "public domain" and anyone can use it freely without permission.
Term of Copyright in Published Literary, Dramatic, Musical and Artistic Works
π Simple Explanation
When an author writes a book, composes music, creates a play, or makes an artwork, the copyright protection lasts for the lifetime of the author plus 60 years after their death. This means:
- During Author's Life: The author enjoys full copyright protection
- After Death: The copyright continues for 60 more years from the beginning of the calendar year following the author's death
- Beneficiaries: After the author's death, their heirs or legal representatives hold the copyright
π‘ Practical Example
Situation: Mr. Sharma, a famous novelist, publishes his book "Dreams of India" in 2010. He passes away on 15th August 2024.
Copyright Calculation:
- Death Year: 2024
- 60 years start from: 1st January 2025 (beginning of calendar year following death)
- Copyright expires on: 31st December 2084
- Public Domain from: 1st January 2085
Result: Until 31st December 2084, Mr. Sharma's family controls the book rights. From 2085, anyone can publish the book without permission.
βοΈ Landmark Case Law
Camlin Private Ltd. v. National Pencil Industries
AIR 1986 Delhi 444
Facts: This case dealt with the term of copyright and when protection begins and ends for artistic works used in trade.
Held: The Delhi High Court clarified that copyright in artistic works lasts for the lifetime of the author plus 60 years, and emphasized that the term calculation begins from the calendar year following the author's death, not from the exact date of death.
π Summary Table
| Aspect | Details |
|---|---|
| Works Covered | Literary, Dramatic, Musical, Artistic Works (excluding photographs) |
| Duration | Lifetime of author + 60 years |
| Calculation Start | 1st January of year following author's death |
| Joint Authors | 60 years from death of last surviving author |
Term of Copyright in Anonymous and Pseudonymous Works
π Simple Explanation
Sometimes authors don't reveal their real names. They either:
- Anonymous Works: No author name given at all (like "Written by Unknown")
- Pseudonymous Works: Fake name used (like "Mark Twain" was a pen name for Samuel Clemens)
For such works, copyright lasts for 60 years from the year of publication because we cannot calculate from the author's death if we don't know who they are!
Exception: If the author's identity becomes known before the 60 years expire, then the normal rule applies (lifetime + 60 years).
π‘ Practical Example
Situation: A mystery novel "The Secret Door" is published in 2020 under the pen name "Shadow Writer." The real author remains unknown.
Copyright Calculation:
- Publication Year: 2020
- 60 years from: 1st January 2021
- Copyright expires on: 31st December 2080
But if... In 2040, the real author Mr. Verma (who is still alive) reveals himself, then the term changes to his lifetime + 60 years.
βοΈ Landmark Case Law
R.G. Anand v. Delux Films
AIR 1978 SC 1613
Facts: This landmark Supreme Court case, while primarily dealing with infringement, also discussed the importance of authorship identification in determining copyright terms.
Held: The Supreme Court emphasized that when authorship is disputed or unclear, the provisions for anonymous works apply, and the court must determine the applicable term based on available evidence of authorship.
π Summary Table
| Type of Work | Term of Copyright | Special Condition |
|---|---|---|
| Anonymous Work | 60 years from publication | Changes if author identity revealed |
| Pseudonymous Work | 60 years from publication | Changes if real author identified |
| After Identity Known | Lifetime + 60 years | Normal Section 22 applies |
Term of Copyright in Posthumous Works
π Simple Explanation
"Posthumous" means "after death." Sometimes an author creates a work but dies before publishing it. When such works are published after the author's death, special rules apply:
- Literary, Dramatic, Musical Works: 60 years from the year of publication (not from author's death)
- Engravings and Photographs: 60 years from the year of publication
This rule ensures that even works published long after an author's death get reasonable protection.
π‘ Practical Example
Situation: Famous poet Raghunath Das died in 1950, leaving behind an unpublished collection of poems. His grandson discovers and publishes these poems in 2020.
Copyright Calculation:
- Author's Death: 1950
- Publication Year: 2020 (posthumous publication)
- 60 years from: 1st January 2021
- Copyright expires on: 31st December 2080
Note: Without this provision, using the normal rule (death + 60 years), the copyright would have expired in 2010 β before the work was even published!
βοΈ Landmark Case Law
University of Oxford v. Rameshwari Photocopy Services
(2016) 160 DRJ 359 (Delhi High Court)
Facts: This case, while dealing with photocopying of educational materials, discussed the term of copyright for various published works including posthumous publications used in academic compilations.
Held: The Court recognized that posthumous works have their own term calculation starting from publication, and this affects how educational institutions can use such materials once they enter public domain.
π Summary Table
| Work Type | Term Calculation | Starts From |
|---|---|---|
| Literary Works (posthumous) | 60 years | Year of first publication |
| Dramatic Works (posthumous) | 60 years | Year of first publication |
| Musical Works (posthumous) | 60 years | Year of first publication |
| Engravings (posthumous) | 60 years | Year of first publication |
Term of Copyright in Photographs
π Simple Explanation
Photographs have their own special rule! The copyright in a photograph lasts for 60 years from the year of publication.
Important Points:
- The term is calculated from publication, not from the photographer's death
- This applies to all photographs β artistic, commercial, personal, etc.
- If a photograph is not published, copyright lasts from the year it was taken
Note: After the 2012 Amendment, photographs of artistic works are treated like other artistic works (lifetime + 60 years). But standalone photographs still follow this rule.
π‘ Practical Example
Situation: Photographer Mr. Kapoor takes an iconic photograph of the Taj Mahal at sunrise. He publishes it in a magazine in 2000.
Copyright Calculation:
- Publication Year: 2000
- 60 years from: 1st January 2001
- Copyright expires on: 31st December 2060
Practical Impact: Even if Mr. Kapoor lives until 2050 and dies then, the photograph's copyright will expire in 2060 (based on publication), not in 2110 (death + 60 years).
βοΈ Landmark Case Law
Eastern Book Company v. D.B. Modak
(2008) 1 SCC 1
Facts: While this case primarily dealt with originality in compilations, it discussed various types of copyrightable works including photographs and their protection terms.
Held: The Supreme Court clarified that each type of work has its specific term of protection, and photographs have distinct treatment under Section 25, emphasizing the importance of knowing publication dates for calculating copyright terms.
π Summary Table
| Photograph Status | Term of Copyright | Calculation Basis |
|---|---|---|
| Published Photograph | 60 years | From year of publication |
| Unpublished Photograph | 60 years | From year it was taken |
| Artistic Photograph (post-2012) | Lifetime + 60 years | If treated as artistic work |
Term of Copyright in Cinematograph Films
π Simple Explanation
Movies (cinematograph films) get copyright protection for 60 years from the year of publication (release).
Key Points:
- Cinematograph Film: Includes movies, documentaries, TV shows, and any visual recording
- Publication: Usually means theatrical release or broadcast
- Owner: The producer is typically the first owner of copyright in films
- Underlying Works: Note that songs, scripts, etc. in the film have their own separate copyright terms
π‘ Practical Example
Situation: Bollywood film "Sholay" was released in 1975.
Copyright Calculation:
- Release Year: 1975
- 60 years from: 1st January 1976
- Copyright expired on: 31st December 2035
Important Distinction: While the film's copyright may expire in 2035, the songs composed by R.D. Burman (who died in 1994) will have copyright until 2054 (1994 + 60 years). So even after 2035, using the film's songs might still require permission!
βοΈ Landmark Case Law
Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association
AIR 1977 SC 1443
Facts: This landmark case dealt with the rights of music composers in cinematograph films and the duration of various rights subsisting in a film.
Held: The Supreme Court held that while the producer owns copyright in the cinematograph film for its term under Section 26, the composers of music incorporated in the film retain their separate copyright in the musical works, which has its own term under Section 22.
π Summary Table
| Work Component | Copyright Owner | Term |
|---|---|---|
| Cinematograph Film | Producer | 60 years from release |
| Underlying Script | Scriptwriter | Lifetime + 60 years |
| Songs/Music | Composer | Lifetime + 60 years |
| Lyrics | Lyricist | Lifetime + 60 years |
Term of Copyright in Sound Recordings
π Simple Explanation
Sound recordings (audio recordings of any sounds) get copyright protection for 60 years from the year of publication.
What is a Sound Recording?
- Recording of music performances
- Audiobooks
- Podcasts and radio programs
- Any recording of sounds, regardless of the medium (vinyl, CD, digital)
Important: The sound recording copyright is separate from the copyright in the underlying musical composition. A song has two copyrights: (1) the composition (lyrics + music) and (2) the recording of that composition.
π‘ Practical Example
Situation: Singer Lata Mangeshkar records a song in 1990. The music was composed by Laxmikant-Pyarelal, and lyrics were written by Anand Bakshi.
Copyright Analysis:
| Sound Recording (the recording itself): | 60 years from 1990 = expires 2050 |
| Musical Composition: | Lifetime of composer + 60 years |
| Lyrics: | Lifetime of lyricist + 60 years |
Practical Impact: To legally use this song after 2050, you still need permission for the underlying composition if the composers/lyricists' copyrights haven't expired!
βοΈ Landmark Case Law
Gramophone Company of India Ltd. v. Super Cassette Industries Ltd.
2010 (44) PTC 541 (Del)
Facts: This case dealt with the rights in sound recordings and cover versions, examining when original sound recording copyrights expire.
Held: The Delhi High Court clarified that sound recording copyright is distinct from the copyright in underlying works. Once the 60-year term expires for the sound recording, anyone can make a new recording of the same composition (subject to the composition's copyright), but cannot reproduce the original recording.
π Summary Table
| Aspect | Sound Recording | Underlying Work |
|---|---|---|
| Copyright Owner | Producer/Record Label | Composer/Lyricist |
| Term | 60 years from publication | Lifetime + 60 years |
| Rights | Reproduce the recording | Perform/Record the composition |
Term of Copyright in Government Works
π Simple Explanation
When the Government of India creates or publishes a work, the copyright belongs to the Government. Such works get protection for 60 years from the year of first publication.
Types of Government Works:
- Government reports and publications
- Official documents and circulars
- Maps created by Survey of India
- Educational materials published by government bodies
- Legislative and judicial documents
Note: Judgments of courts and legislative materials are generally not protected by copyright to ensure public access to law.
π‘ Practical Example
Situation: The Ministry of Finance publishes an "Economic Survey" in 2020.
Copyright Calculation:
- Publication Year: 2020
- 60 years from: 1st January 2021
- Copyright expires on: 31st December 2080
Practical Impact: While anyone can quote from or reference the Economic Survey for commentary, reproducing the entire document commercially would require permission until 2080.
βοΈ Landmark Case Law
Civic Chandran v. Ammini Amma
1996 PTC (16) 670 (Kerala)
Facts: This case examined the scope of copyright in government and official works, and when such copyright applies.
Held: The Kerala High Court held that government works enjoy copyright protection for 60 years from publication. However, the court also noted that bare legislative texts and judicial judgments do not attract copyright, as public access to the law must be ensured.
π Summary Table
| Government Work Type | Copyright Status | Term |
|---|---|---|
| Government Reports/Publications | Protected | 60 years from publication |
| Official Maps/Charts | Protected | 60 years from publication |
| Judgments of Courts | No Copyright | N/A |
| Bare Acts (Legislation) | No Copyright | N/A |
Term of Copyright in Works of Public Undertakings
π Simple Explanation
Public undertakings are government-owned companies or bodies controlled by the government (like ONGC, Indian Railways, State Electricity Boards, etc.). When they create works, the copyright lasts for 60 years from the year of first publication.
What is a Public Undertaking?
- A company owned or controlled by the Central or State Government
- A corporation established by law and controlled by Government
- Examples: BHEL, NTPC, State Road Transport Corporations
This section ensures that works created by quasi-government entities get the same treatment as pure government works.
π‘ Practical Example
Situation: Indian Oil Corporation (a public undertaking) publishes a comprehensive technical manual on refinery operations in 2015.
Copyright Calculation:
- Publication Year: 2015
- Copyright Owner: Indian Oil Corporation
- 60 years from: 1st January 2016
- Copyright expires on: 31st December 2075
Practical Impact: Competitors cannot copy this manual until 2075. After that, it enters public domain.
βοΈ Landmark Case Law
Steel Authority of India Ltd. (SAIL) v. Star Wire (India) Ltd.
2017 SCC OnLine Del 7259
Facts: This case involved intellectual property created by a public undertaking and the extent of copyright protection available to PSUs.
Held: The Court held that public undertakings enjoy the same copyright protection as government works under Section 28A. The term of 60 years from publication applies, and third parties cannot reproduce such works without authorization during this period.
π Summary Table
| Public Undertaking Category | Examples | Copyright Term |
|---|---|---|
| Central Government PSU | ONGC, SAIL, NTPC, IOC | 60 years from publication |
| State Government PSU | State Electricity Boards, Transport Corps | 60 years from publication |
| Statutory Corporation | LIC, Food Corporation of India | 60 years from publication |
Term of Copyright in Works of International Organisations
π Simple Explanation
International organisations like the United Nations, WHO, UNESCO, World Bank, etc. also create many valuable works. When India recognizes such an organisation, works published by them get copyright protection for 60 years from the year of first publication.
Which Organisations are Covered?
- United Nations and its agencies (WHO, UNESCO, UNICEF, etc.)
- Specialised agencies like IMF, World Bank
- Other international bodies notified by the Government
The Central Government has the power to declare which international organisations get this protection through notification in the Official Gazette.
π‘ Practical Example
Situation: The World Health Organization (WHO) publishes "Global Health Report 2023" in 2023.
Copyright in India:
- Publication Year: 2023
- Copyright Owner: WHO (international organisation)
- 60 years from: 1st January 2024
- Copyright expires in India on: 31st December 2083
Practical Impact: Indian publishers cannot reproduce this report without WHO's permission until 2083. However, they can quote portions for criticism, review, or news reporting under fair dealing provisions.
βοΈ Landmark Case Law
Chancellor Masters and Scholars of the University of Oxford v. Narendra Publishing House
2008 (38) PTC 385 (Del)
Facts: While dealing with foreign copyright protection in India, this case examined how works of international educational bodies receive protection under Indian law.
Held: The Delhi High Court emphasized that India provides reciprocal copyright protection to works of international organisations as per treaty obligations and Section 29. Such works enjoy the same 60-year term from publication as domestic government works.
π Summary Table
| International Organisation | Type of Works | Protection in India |
|---|---|---|
| United Nations | Reports, Studies, Publications | 60 years from publication |
| WHO | Health Guidelines, Research | 60 years from publication |
| UNESCO | Educational Materials | 60 years from publication |
| World Bank/IMF | Economic Reports | 60 years from publication |
Master Comparison Table β All Sections at a Glance
| Section | Type of Work | Term of Copyright | Calculated From |
|---|---|---|---|
| Section 22 | Literary, Dramatic, Musical, Artistic Works | Lifetime + 60 years | Year following author's death |
| Section 23 | Anonymous/Pseudonymous Works | 60 years | Year of publication |
| Section 24 | Posthumous Works | 60 years | Year of publication |
| Section 25 | Photographs | 60 years | Year of publication |
| Section 26 | Cinematograph Films | 60 years | Year of publication |
| Section 27 | Sound Recordings | 60 years | Year of publication |
| Section 28 | Government Works | 60 years | Year of first publication |
| Section 28A | Public Undertaking Works | 60 years | Year of first publication |
| Section 29 | International Organisation Works | 60 years | Year of first publication |
Flowchart β Determining Term of Copyright
Identify the Work
60 years from publication
Lifetime + 60 or 60 from publication
60 years from publication
60 years from publication
60 years from publication
Special Categories
60 years from publication
60 years from release
60 years from publication
Copyright term determined
Mind Map β Chapter V Overview
Term of Copyright
Roadmap β Understanding Chapter V Step by Step
Identify the Type of Work
- Literary (books, articles)
- Dramatic (plays, scripts)
- Musical (compositions)
- Artistic (paintings, sculptures)
- Photographs
- Cinematograph Films
- Sound Recordings
Identify the Author/Owner
- Individual Author β Go to Stage 3
- Government β Section 28 applies
- Public Undertaking β Section 28A applies
- International Org β Section 29 applies
- Unknown Author β Section 23 applies
Check Publication Status
- Published during author's lifetime β Section 22
- Published after author's death β Section 24
- For Photos/Films/Recordings β Sections 25-27
Apply the Correct Formula
| Individual Works: | Death Year + 60 years |
| Other Works: | Publication Year + 60 years |
Calculate the Exact Date
The 60-year period starts from:
1st January of the year FOLLOWING the relevant event
Example: If author died in June 2024 β 60 years start from 1st Jan 2025 β Expires 31st Dec 2084
Check for Underlying Works
- Films have separate copyright from songs/scripts
- Sound recordings separate from compositions
- Each underlying work has its own term
- All terms must be checked for full clearance
Determine Copyright Status
If current date is before expiry β Permission needed
If current date is after expiry β Free to use
β οΈ Educational Disclaimer
This resource is for educational purposes only and does not constitute legal advice. For specific legal matters regarding copyright, please consult a qualified advocate or legal professional. The law is subject to amendments and judicial interpretations that may affect the information provided herein.
Source: The Copyright Act, 1957 (as amended up to 2012) | Prepared by: Digital E-Filing Coach - Amanuddin Education
