Authored By – Dr. Mohan Dewan assisted by Adv. Isha Gandhi
In determining the term of protection of Copyright in a Work there are two factors to be looked into. Firstly, to encourage the public to create newer and newer works; and secondly, to ensure accessibility of the works to the widest possible audience or readers. The second factor mainly concerns with determining the term of protection of work and thereafter making it available in the public domain.
The term of protection of Copyright is different in different countries. In India, this term depends on factors like the nature of the work, the nature of the owner/author of the work, and the status of publication of the work.
Let us look into the different categories of protection laid down by the Indian Copyright Act, 1957:
- Published literary, dramatic, musical, and artistic works:
If the aforesaid works are published 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. In the case of joint authorship, the period of 60 years commences after the death of the author who dies last.
- Literary, dramatic, musical and artistic works (other than a photograph) published anonymously or pseudonymously:-
Copyright, in case of aforesaid works published anonymously or pseudonymously, shall subsist until 60 years from the beginning of the calendar year following the year in which the work is published. In case the identity of the author is disclosed before the expiry of the term, Copyright subsists until 60 years from the beginning of the calendar year following the year in which the author dies. In case of joint authorship, the said period starts after the death of the author who dies last.
- Literary, dramatic or musical work or an engraving Posthumous work:
Where Copyright subsists at the time of death of the author who dies last and the work or an adaptation of which has not been published before that date, Copyright will subsist until 60 years from the beginning of the calendar year following the year in which the work is first published.
Performance of work in public or making of a sound recording of the work and selling or offering for sale of the same to the public is considered as a publication.
- Cinematograph film/Sound Recording:
Copyright in such work subsists until 60 years from the beginning of the calendar year following the year in which the film/record is published.
- Works of Government/Public Undertakings/International organization:
A Work in which Government/Public undertaking/International organization is the first owner of the Copyright, Copyright subsists until 60 years from the beginning of the calendar year following the year in which the work is published.
- Broadcast reproduction rights:
Such rights subsist until 25 years from the beginning of the calendar year following the year in which the broadcast is made.
- Performer’s rights:
Such rights subsist until 50 years from the beginning of the calendar year following the year in which the performance is made.
*Calendar year means the year commencing on the first day of January