TERM OF COPYRIGHT

WHAT IS TERM OF COPYRIGHT?

The term of copyright is the length of term copyright subsists in a work before it passes into the public domain. The term of copyright for a particular work depends on several factors, including whether it has been published or not. Usually, copyright protection lasts for the life of the author plus an additional 70 years.

The Indian Copyright Act, 1957, Chapter V enumerates the term of copyright protection. Section 22 of the Act states the term of copyright in published literary, dramatic, musical and artistic works shall subsist, published within the lifetime of the author, until sixty years from the beginning of the calendar year following the year in which the author dies. In this section, the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last. This term has been increased from fifty years to sixty years by the Amendment of 1992.

THE DIFFERENT TERMS OF COPYRIGHT FOR DIFFERENT CATEOGIES LAID IN THE INDIAN COPYRIGHT ACT, 1957:[i]

  • Term for published literary, dramatic, musical and artistic works: If the work published is during the lifetime of the author, Copyright subsists until 60 years from the beginning of the calendar year following the year in which the author dies.
  • Term for Posthumous Publications: If certain work is published after the death of its author, the term of copyright protection subsists for a period of 60 years and such period is calculated from the date of publication. (Section 24).
  • Term for published literary, dramatic, musical and artistic works (except photograph) published anonymously: Such work subsists copyright protection for a period of 60 years, calculated from the beginning of the calendar year next following the year in which the work is first published. (Section 23).
  • Term of copyright for Photographs: The term for the copyright protection of photo is for a period of 60 years from the beginning of the calendar year, following the year in which the photograph is published. (Section 25, omitted by the amendment of 2012).[ii]
  • Term of copyright for Cinematograph Films: Copyright of a Cinematograph film is protected for a term of 60 years from the beginning of the calendar year following the year in which the film is published.
  • Term of copyright for Sound Recordings: Copyright protection of a sound recording shall subsist until 60 years from the beginning of the calendar year following the year in which the sound recording is published.
  • Term of copyright of Government Works/International Organization: Copyright of a Government work/International organization, where Government is the first owner of the copyright, it shall subsist until 60 years from the beginning of the calendar year following the year in which the work is published.
  • Term of copyright of Performer’s rights: Performer’s right shall be protected until a period of 50 years from the beginning of the calendar year following the year in which the performance is made
  • Term of copyright of Broadcast reproduction rights: Such right shall be protected until a period of 25 years from the beginning of the calendar year following the year in which the broadcast is made.

SOURCES:


[i] [i]LEXOLOGY, https://www.lexology.com/ (last visited Dec 4, 2021).

[ii] LAWCRICA, What is the Term of Copyright in India, https://lawcirca.com/ (last visited Dec 4, 2021).

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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