Term of Copyright Protection under the Copyright Act, 1957 (Sections 22–29)
Introduction
Copyright law protects the rights of creators over their intellectual works such as books, music, films, photographs, and artistic creations. In India, copyright protection is governed by the Copyright Act, 1957.
The Act not only grants rights to creators but also prescribes the duration or term for which copyright protection exists. These provisions are mainly contained in Sections 22 to 29 of the Act.
The duration of copyright varies depending on the type of work, such as literary works, cinematograph films, photographs, sound recordings, government works, and works of international organisations.
1. Term of Copyright in Published Literary, Dramatic, Musical and Artistic Works
Under Section 22 of the Copyright Act, copyright subsists during the lifetime of the author and for sixty years after his death.
The period of sixty years is calculated from the beginning of the calendar year following the year of the author’s death.
This rule applies to:-
• Literary works
• Dramatic works
• Musical compositions
• Artistic works (excluding photographs)
Example:
If an author dies in 2025, the copyright will last until 31 December 2085.
2. Term of Copyright in Anonymous and Pseudonymous Works
Under Section 23, when a work is published without revealing the author’s identity, the copyright subsists for sixty years from the beginning of the calendar year following the year of first publication.
However, if the identity of the author becomes known before the expiry of this period, the copyright term changes to:
Life of the author + 60 years.
This provision ensures that authors who initially choose anonymity still receive full protection if their identity becomes known later.
3. Term of Copyright in Joint Authorship
Under Section 24, when a work is created by two or more authors, the copyright duration is calculated based on the death of the last surviving author.
Thus, the protection continues:
During the lifetime of all authors and for sixty years after the death of the last surviving author.
This rule applies particularly to:
• Co-written books
• Collaborative music compositions
• Joint research works
4. Term of Copyright in Cinematograph Films
According to Section 26, the copyright in a cinematograph film subsists for sixty years from the beginning of the calendar year following the year in which the film is first published.
Example:
If a film is released in 2026, copyright protection will continue until 31 December 2086.
This protection applies to the entire film including:
• Visual recording
• Story presentation
• Audio-visual combination
5. Term of Copyright in Photographs
Under Section 25, copyright in photographs subsists for sixty years from the beginning of the calendar year following the year in which the photograph is first published.
This includes:
• Digital photographs
• Professional photography
• Artistic photographic works
The photographer or copyright owner enjoys exclusive rights during this period.
6. Term of Copyright in Sound Recordings
According to Section 27, copyright in sound recordings lasts for sixty years from the beginning of the calendar year following the year in which the recording is first published.
Sound recordings include:
• Songs
• Music albums
• Audio recordings
• Podcasts and voice recordings
* During this period, reproduction or commercial use without permission amounts to copyright infringement.
7. Term of Copyright in Government Works
Under Section 28, copyright in government works subsists for sixty years from the beginning of the calendar year following the year in which the work is first published.
Government works include works created or published under the authority of:
• Central Government
• State Government
• Government departments
* These works are protected even though they are produced by public authorities.
8. Term of Copyright in Works of Public Undertakings
When works are created under the direction or control of public undertakings or public enterprises, the copyright term is also sixty years from the beginning of the calendar year following the year of first publication.
Examples include:
• Publications by public sector companies
• Government-owned corporation reports
• Official publications of public enterprises
9. Term of Copyright in Works of International Organisations
Under Section 29, copyright in works of international organisations subsists for sixty years from the beginning of the calendar year following the year in which the work is first published.
This provision applies to works produced by organisations recognized under international agreements.
The provisions of Section 41 of the Act also apply to such works.
Examples include works produced by organisations such as the United Nations or the World Health Organization.
10. Summary Table: Duration of Copyright in India
Important Question
For how many years after the death of the author does copyright subsist?
The copyright subsists for sixty years after the death of the author, calculated from the beginning of the calendar year following the year of the author’s death.
Conclusion
The duration of copyright protection under the Copyright Act, 1957 varies depending on the nature of the work. In most cases, the law grants protection for sixty years, either after the death of the author or from the date of publication.
These provisions balance the interests of authors, publishers, and the public, ensuring that creators receive adequate protection while eventually allowing works to enter the public domain for wider use.
MCQs – Term of Copyright (Copyright Act, 1957)
1. The duration of copyright in literary works in India is:
A. 50 years after author’s death
B. 60 years after author’s death
C. 70 years after author’s death
D. 100 years after author’s death
Answer: B
2. The term of copyright in literary, dramatic, musical and artistic works is provided under:
A. Section 21
B. Section 22
C. Section 25
D. Section 29
Answer: B
3. Copyright in anonymous and pseudonymous works is governed by:
A. Section 23
B. Section 24
C. Section 25
D. Section 26
Answer: A
4. In case of joint authorship, copyright lasts until:
A. Death of the first author
B. Death of the publisher
C. Death of the last surviving author
D. Publication of the work
Answer: C
5. Copyright in cinematograph films subsists for:
A. Life of producer + 60 years
B. 60 years from publication
C. 50 years from publication
D. 20 years from publication
Answer: B
6. Copyright in photographs is governed by:
A. Section 25
B. Section 26
C. Section 27
D. Section 28
Answer: A
7. The duration of copyright in sound recordings is:
A. 25 years
B. 40 years
C. 60 years from publication
D. Life of author + 60 years
Answer: C
8. Copyright in government works is provided under:
A. Section 27
B. Section 28
C. Section 29
D. Section 30
Answer: B
9. Copyright in works of international organisations is governed by:
A. Section 24
B. Section 26
C. Section 29
D. Section 31
Answer: C
10. Copyright duration is calculated from the beginning of:
A. Next financial year
B. Next calendar year
C. Next month
D. Date of publication
Answer: B
FAQs – Copyright Duration in India
1. What is the duration of copyright protection in India?
- Copyright protection generally lasts for the lifetime of the author plus sixty years after his death under the Copyright Act, 1957.
2. Which section of the Copyright Act deals with the term of copyright?
- The duration of copyright is mainly provided under Sections 22 to 29 of the Copyright Act, 1957.
3. What is the copyright term for literary works in India?
- Literary works are protected during the lifetime of the author and for sixty years after the author’s death.
4. What is the copyright duration for cinematograph films?
- Copyright in cinematograph films lasts for sixty years from the year of first publication.
5. What is the term of copyright for photographs?
- Copyright in photographs subsists for sixty years from the beginning of the calendar year following the year of publication.
6. How long does copyright last for sound recordings?
- Sound recordings enjoy copyright protection for sixty years from the year of publication.
7. What is the copyright duration for anonymous works?
- Anonymous works are protected for sixty years from the year of first publication, unless the author becomes known.
8. What happens in case of joint authorship?
- The copyright lasts for sixty years after the death of the last surviving author.
9. How long does copyright exist in government works?
- Government works are protected for sixty years from the year in which the work is first published.
10. Why is copyright duration important?
- It ensures that creators receive legal protection and economic benefit, while eventually allowing works to enter the public domain.
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