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Chapter 5: Copyright Act, 1957

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  • Simple Meaning: This section was OMITTED (Repealed) by the 2012 amendment.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.

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