What are the different term for different copyright works in India?

The Copyright Act gives certain rights to the owner/ author of artistic, literary, dramatic, musical work or of a cinematographic film or a sound recording. However, these rights are only available for a limited period. Chapter V of the Copyright Act enumerates the term for different types of copyright works.

Copyright protection for artistic, literary, dramatic, musical work or a cinematographic film, or a sound recording is granted for a limited period under the Copyright Act, 1957. Being a signatory to the Berne Convention, India is required to protect copyright for a term of at least 50 years from the death of the author. Until 1992, the term was 50 years plus the author's life span in accordance with the Berne Convention; however, it was amended from 50 years to 60 years vide the Copyright Amendment Act, 1992. One must note that the term of copyright protection depends on the work sought to be protected under the Copyright Act. 

Term of Copyright Protection under the Copyright Act

Chapter V, Section 22 to Section 29 deals with the term of copyright in respect of different types of work protected under the Copyright Act, which are as follows:

  • Section 22: Term of Copyright in published Literary, Dramatic, Artistic, and Musical Work: 60 years commencing on the 1st day of the succeeding year in which the author dies. In the case of joint authorship, this period shall commence after the last author's death. 
     
  • Section 23: Term of Copyright in anonymous and pseudonymous published works: If the author/ creator of the work is unknown at the time of publication, then the work is said to be anonymously published work. The term for a work is 60 years commencing on the 1st day of the succeeding year in which the work was published. However, if the author of such work is identified before the expiry of the term aforesaid, the term mentioned in point (i) above shall be applicable. 
     
  • Section 24: Term of Copyright in posthumous works: Posthumous works have been published after the death of the author/ creator. In such cases, the term of the work is 60 years beginning on the 1st day of the succeeding year in which the work was published.
     
  • Sections 26 and 27: Term of Copyright in cinematographic films and sound recordings: 60 years commencing from the 1st day of the succeeding year in which the cinematographic film or the sound recording was published.

  • Sections 28 and 28A: Term of Copyright in Government works or works of a public undertaking: 60 years commencing on the 1st day of the succeeding year in which such work was published. However, the first owner of such work should be the Government or the public undertaking, as the case may be.
     
  • Section 29: Term of Copyright in the works of an international organization: 60 years commencing on the 1st day of the succeeding year in which the international organization in India published such work.

For the purposes of these sections, the term publication means making work available to the public by issue of copies or by communicating the work to the public by any means of display or diffusion.

Copyright ensures certain economic and moral rights to the author/ creator of works. The economic rights of the author/ creator are only protected for a limited period of time, as mentioned above. However, the author's moral rights are available to him in perpetuity, unlike economic rights.
 


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