CHAPTER V
Term of Copyright
22. Term of copyright in published literary, dramatic, musical and artistic works.-Except as
otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic
work (other than a photograph) published within the lifetime of the author until
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[sixty] years from the
beginning of the calendar year next following the year in which the author dies.
Explanation.- 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.
23. Term of copyright in anonymous and pseudonymous works.-(1) In the case of a literary,
dramatic, musical or artistic work (other than a photograph), which is published anonymously or
pseudonymously, copyright shall subsist until
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[sixty] years from the beginning of the calendar year
next following the year in which the work is first published :
Provided that where the identity of the author is disclosed before the expiry of the said period,
copyright shall subsist until
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[sixty] years from the beginning of the calendar year next following the
year in which the author dies.
(2) In sub-section (1), references to the author shall, in the case of an anonymous work of joint
authorship, be construed,-
(a) where the identity of one of the authors is disclosed, as references to that author;
(b) where the identity of more authors than one is disclosed, as references to the author who dies last
from amongst such authors.
(3) In sub-section (1) references to the author shall, in the case of a pseudonymous work of joint
authorship, be construed,-
(a) where the names of one or more (but not all) of the authors are pseudonymous and his or their
identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the
names of two or more of the authors are not pseudonyms, as references to such of those authors
who dies last;
(b) where the names of one or more (but not all) of the authors are pseudonyms and the identity of
one or more of them is disclosed, as references to the author who dies last from amongst the authors
whose names are not pseudonyms and the authors whose names are pseudonyms and are
disclosed; and
(c) where the names of all the authors are pseudonyms and the identity of one of them is disclosed,
as references to the author whose identity is disclosed or if the identity of two or more of such
authors is disclosed, as references to such of those authors who dies last.
Explanation.- For the purposes of this section, the identity of an author shall be deemed to have been
disclosed, if either identity of the author is disclosed publicly by both the author and the publisher or
is otherwise established to the satisfaction of the Copyright Board by that author.
24. Term of copyright in the posthumous work.-(1) In the case of a literary, dramatic or musical
work or an engraving, in which copyright subsists at the date of the death of the author or, in the case
of any such work of joint authorship, at or immediately before the date of the death of the author who
dies last, but which, or any adaptation of which, has not been published before that date, copyright
shall subsist until
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[sixty] years from the beginning of the calendar year next following the year in
which the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year.
(2) For the purposes of this section a literary, dramatic or musical work or an adaptation of any such
work shall be deemed to have been published, if it has been performed in public or if any records
made in respect of the work have been sold to the public or have been offered for sale to the public.
25. Term of copyright in photographs.-In the case of a photograph, copyright shall subsist until
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[sixty] years from the beginning of the calendar year next following the year in which the photograph
is published.
26. Term of copyright in cinematograph films.-In the case of a cinematograph film, copyright shall
subsist until
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[sixty] years from the beginning of the calendar year next following the year in which
the film is published.
27. Term of copyright in records.-In the case of a
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[sound recording], copyright shall subsist until
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[sixtyl years from the beginning of the calendar year next following the year in which the
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[sound
recording] is published.
28. Term of copyright in Government work.- In the case of Government work, where Government
is the first owner of the copyright therein, copyright shall subsist until
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[Sixty] years from the
beginning of the calendar year next following the year in which the work is first published.
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[28A. Term of copyright in works of public undertakings.- In the case of a work, where a public
undertaking is the first owner of the copyright therein, copyright shall until
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[sixty] years from the
beginning of the calendar year next following the year in which the work is first published.
29. Term of copyright in works of international organisations.- In the case of a work of an
international organisation to which the provisions of section 41 apply, copyright shall subsist until
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[sixty] years from the beginning of the calendar year next following the year in which the work is first
published.
62. Subs. by Act 13 of 1992, s. 2 for'fifty'.
63. Subs. by Act 13 of 1992, s. 2 for'fifty".
64. Subs. by Act 13 of 1992, s. 2 for `fifty".
65. Subs. by Act 13 of 1992, S. 2 for `fifty'
66. Subs. by Act 13 of 1992, s. 2 for'fifty'.
67. Subs. by Act 13 of 1992, s. 2 for `fifty'.
68. Subs. by Act 38 of 1994, s. 2 for "record".
69. Subs. by Act 13 of 1992, 2 for `fifty'.
70. Subs. by Act 38 of 1994, s. 2 for "record"
71. Subs. by Act 13 of 1992, s. 2 for "fiW"
72. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9-8-1994)
73. Subs. by Act 13 of 1992, s. 2 for "lifty"
74. Subs. by Act 13 of 1992, s. for "fifty"INDIAN COPYRIGHT ACT, 1957
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