πŸ“˜ 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.

Key Principle: Copyright is not forever! It protects creators for a limited time, after which society benefits from free access to creative works.
Section 22

Term of Copyright in Published Literary, Dramatic, Musical and Artistic Works

πŸ“– 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

πŸ’‘ 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.

βš–οΈ 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.

πŸ“Š 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
Section 23

Term of Copyright in Anonymous and Pseudonymous Works

πŸ“– 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).

πŸ’‘ 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.

βš–οΈ 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.

πŸ“Š 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
Section 24

Term of Copyright in Posthumous Works

πŸ“– 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.

πŸ’‘ 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!

βš–οΈ 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.

πŸ“Š 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
Section 25

Term of Copyright in Photographs

πŸ“– 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.

πŸ’‘ 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).

βš–οΈ 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.

πŸ“Š 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
Section 26

Term of Copyright in Cinematograph Films

πŸ“– 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

πŸ’‘ 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!

βš–οΈ 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.

πŸ“Š 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
Section 27

Term of Copyright in Sound Recordings

πŸ“– 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.

πŸ’‘ 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!

βš–οΈ 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.

πŸ“Š 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
Section 28

Term of Copyright in Government Works

πŸ“– 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.

πŸ’‘ 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.

βš–οΈ 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.

πŸ“Š 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
Section 28A

Term of Copyright in Works of Public Undertakings

πŸ“– 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.

πŸ’‘ 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.

βš–οΈ 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.

πŸ“Š 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
Section 29

Term of Copyright in Works of International Organisations

πŸ“– 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.

πŸ’‘ 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.

βš–οΈ 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.

πŸ“Š 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
πŸ“Š

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
πŸ“Š

Flowchart β€” Determining Term of Copyright

START

Identify the Work

Is Author Known?
NO
Section 23

60 years from publication

YES
Who is the Author/Owner?
Individual
Published during lifetime?
Section 22/24

Lifetime + 60 or 60 from publication

Government
Section 28

60 years from publication

PSU
Section 28A

60 years from publication

Int'l Org
Section 29

60 years from publication

Special Categories

Photographs (S.25)

60 years from publication

Films (S.26)

60 years from release

Sound Recordings (S.27)

60 years from publication

END

Copyright term determined

🧠

Mind Map β€” Chapter V Overview

CHAPTER V

Term of Copyright

Individual Authors
S.22 β€” Lifetime + 60 years
S.23 β€” Anonymous (60 yrs)
S.24 β€” Posthumous (60 yrs)
Media Works
S.25 β€” Photographs (60 yrs)
S.26 β€” Films (60 yrs)
S.27 β€” Sound Recordings (60 yrs)
Institutional Works
S.28 β€” Government (60 yrs)
S.28A β€” PSUs (60 yrs)
S.29 β€” Int'l Orgs (60 yrs)
Key Principles
Calendar Year Rule
Public Domain After Expiry
Underlying Works Separate
πŸ—ΊοΈ

Roadmap β€” Understanding Chapter V Step by Step

1

Identify the Type of Work

  • Literary (books, articles)
  • Dramatic (plays, scripts)
  • Musical (compositions)
  • Artistic (paintings, sculptures)
  • Photographs
  • Cinematograph Films
  • Sound Recordings
2

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
3

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
4

Apply the Correct Formula

Individual Works: Death Year + 60 years
Other Works: Publication Year + 60 years
5

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

6

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
7

Determine Copyright Status

PROTECTED

If current date is before expiry β†’ Permission needed

PUBLIC DOMAIN

If current date is after expiry β†’ Free to use

⚠️ 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