Chapter 5: Term of Copyright
- Simple Meaning: This chapter answers “How long does copyright last?”
Section 22: Term of copyright in published literary, dramatic, musical and artistic works
- Simple Meaning: This is the general rule for most works.
- The Rule: Copyright lasts for the lifetime of the author plus sixty (60) years.
- How it’s Calculated: The 60-year clock starts “from the beginning of the calendar year next following the year in which the author dies.”
- Practical Example: An author dies on May 1, 2024. Their “life” term ends. The 60-year clock starts on January 1, 2025, and their work will be protected until December 31, 2084. On January 1, 2085, it enters the public domain.
- Explanation (Joint Authorship): For a work of joint authorship, the 60-year clock starts after the last surviving author dies.
Section 23: Term of copyright in anonymous and pseudonymous works
- The Rule: For works where the author is unknown (anonymous) or uses a fake name (pseudonym), copyright lasts for 60 years from the date of first publication.
- Proviso: If the author’s real identity is “disclosed” before the 60 years are up, the term reverts to the normal rule (life + 60 years).
Section 24: Term of copyright in posthumous work
- Simple Meaning: For a work that is not published until after the author has died.
- The Rule: Copyright lasts for 60 years from the date of first publication.
- Section 24(2): A work is “deemed to be published” if it is performed in public or if recordings of it are sold.
Section 25: Term of copyright in photographs
- Simple Meaning: This section was OMITTED (Repealed) by the 2012 amendment.
- Old Rule: Copyright in photos used to be a flat 60 years from publication.
- New Rule: Photographs are now treated as regular “artistic works” (as they should be). This means the term is life of the photographer + 60 years, just like a painting (under Section 22).
Section 26: Term of copyright in cinematograph films
- The Rule: Copyright in a film lasts for 60 years from the date of publication.
Section 27: Term of copyright in sound recording
- The Rule: Copyright in a sound recording lasts for 60 years from the date of publication.
Section 28: Term of copyright in Government works
- The Rule: Copyright for a Government work lasts for 60 years from the date of publication.
Section 28A: Term of copyright in works of public undertakings
- The Rule: Copyright for a work owned by a Public Undertaking (like LIC) lasts for 60 years from the date of publication.
Section 29: Term of copyright in works of international organisations
- The Rule: Copyright for a work of an International Organisation (like the UN) lasts for 60 years from the date of publication.
