In India, the copyright act provides a copyright monopoly to the original creators of those works; hence, these works cannot be reproduced without authorization and used in any manner. The legal framework is thus very crucial since, apart from ensuring the intellectual property of the creator remains safe, it also ensures that they may monetarily benefit from what they have produced. For all users as well as creators, understanding the subtleties of copyright period is very vital for navigating effectively in the legal terrain.
The Indian copyright term is robust, with the duration running normally into the lifetime of the author plus 60 years after his death. Such time frames help in planning the use of creative content, whether for education, re-publication, adaptation, or other forms of utilization; respect for creators' legal rights, based on a setting in which material copyright can be utilized appropriately under the law and prevents potential legal disputes by instituting and promoting respect for intellectual property.
Section 22 of the Copyright Act 1957
Section 22 of the Copyright Act deals with the term of copyright for published works comprising literature, dramatic, musical, and artistic works. It provides the provisions regarding the period for which copyright protection is available for works by an author. Here is the detail.
This section deals with published works under four categories:
Literary
Dramatic
Musical
Artistic
Copyright Period for these works:
Copyright for a published work lasts for sixty years from the beginning of the calendar year following the year of the author's death.
For example, if an author dies in the year 2024, the copyright would last until December 31, 2084 i.e., sixty years from January 1, 2025.
Copyright Applies Only to Published Works: This section applies only to published works during the lifetime of the author. For unpublished works or those published posthumously, other provisions apply.
Know What is the Punishment for Copyright Infringement In India?
Explanation: Special Consideration for Joint Authors
Joint Authorship: When a work has joint authors-meaning there is more than one contributing author-the copyright runs from the death of the last surviving author.
This makes the copyright protection run for sixty years after the death of the last author, thereby properly covering the whole contribution of both- or more authors.
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Section 23 of the Copyright Act 1957
The term of copyright for works published anonymously or under a pseudonym is addressed in Section 23 of the Copyright Act, and in some cases, the identity of the author may remain unknown or undisclosed. Here is a detailed summary:
Copyright Scope and Term (Sub-Section 1)
This section refers to literary, dramatic, musical, and artistic works, other than photographs, published anonymously or under a pseudonym.
For such works, copyright protection lasts for sixty years from the beginning of the calendar year after the year of the first publication.
Exception: If the identity of the author is revealed before the sixty-year period ends, the copyright term shifts to be based on the author's life. In this case, the copyright lasts sixty years from the beginning of the calendar year after the author’s death.
Anonymous Works (Sub-section 2)
In cases of joint authorship for anonymous works:
If the identity of only one author is disclosed: The copyright term is based on that author’s life, ending sixty years from the start of the year following their death.
If the identities of multiple authors are disclosed: The copyright term extends based on the death of the last surviving disclosed author, ending sixty years from the beginning of the year following their death.
Also, Check What is the Nature of Copyright Law In India
Pseudonymous Works (Sub-Section 3)
For works created under pseudonyms with joint authorship, there are several scenarios:
1. Where one or more authors’ names are pseudonymous but others are real:
If at least one author’s real name is used, the copyright term is based on the last surviving real-name author. If multiple real names are used, it is based on the author who dies last.
2. If the identities of pseudonymous authors are disclosed:
If at least one pseudonymous author’s identity is disclosed, the copyright term is based on the last-to-die author among those whose names are real or whose identities are disclosed pseudonyms.
3. If all authors use pseudonyms:
If only one author’s identity is disclosed, the term is based on that author’s life. If multiple identities are disclosed, the term extends based on the death of the last disclosed author.
Explanation Clause
The Explanation explains that an author's identity is taken to be disclosed if:
It is publicly disclosed both by the author and the publisher, or
It is otherwise established to the satisfaction of the Copyright Board as the identity of the author.
Recent Amendments
Copyright (Amendment) Act, 2012 brought drastic changes in the copyright framework of India, on par with international standards and solutions to present-day challenges. Certain of the key amendments as follow:
Moral Rights : The Act reinforced the moral rights of an author, who may claim authorship and object to any distortion or modification of his work which would prejudicially affect his name or reputation. These rights are inalienable and subsist after the transfer of economic rights.
Rights of Performers: Exclusive economic rights for performances were granted to performers with rights to make or authorize the reproduction, distribution, and communication to the public of their performance. Moral rights include the right to authorship and the right to prevent distortion or any mutilation of their performances.
Digital Rights Management (DRM): These updates dealt with the questions of digital reproduction and distribution by introducing prohibition clauses that circumvent technological protection measures along with rights management information removal without permission. The agreements are created to protect copyrighted works in a digital world.
Know all the Rights of a Copyright Owner
In Short,
Understanding this period of copyright becomes imperative for creators, publishers, and users: it defines a balance between the rights of creators and the enjoyment of creative works by the public. It ensures that the term of copyright varies with the type of work, details of authorship, and status of publication so that protection is tailored in respect of the efforts of authors while eventually enriching the public domain. Such clarification of terms has ensured copyright law in the fair exchange of ideas, innovation, and social growth towards the good of society.
FAQs Related to Copyright Time Period
Q1. How long is copyright to subsist in literary, dramatic, musical, and artistic works in India?
In India, the copyright of original literary, dramatic, musical, and artistic works is protected for lifetime plus another 60 years, from the beginning of the calendar year next following the author's death. It protects the rights of the creator in his lifetime and for a reasonable period thereafter for his family or estate.
Q2. How many years does the copyright for cinematograph films and sound recording take in India?
The rights of copyright for cinematograph films and sound recordings are protected for a period of sixty years from the date of the calendar year next following the year in which the work was first published. This enables producers and creators to exploit their works commercially over an extended period while eventually contributing to the public domain.
Q3. Shall the duration of copyrights in India be varied to apply to anonymous or pseudonymous works?
Yes, for works anonymous or pseudonymous (where the author is not identified), copyright subsists until the end of sixty years from the beginning of the calendar year following the year of first publication. If within that period, the identity of the author is ascertained, then the term reverts to the lifetime plus 60 years of the author. This explains why even in the case where the identity of the creator is initially unknown, the provision applies .
Q4. How long is the copyright for government works or works by international organizations of India?
Works by the government or certain international organizations get copyright for 60 years from the beginning of the calendar year that falls after the initial year of publication. This will protect these works while they are also made accessible to the public in the due course of time.
Q5. How does the copyright term apply in the case of joint authorship in India?
When two or more authors collaborate for the creation of a work, it is said to be joint authorship. In such cases, the length of copyright will be measured in terms of the death of the last surviving author. This means that it will, therefore, run for 60 years from the start of the calendar year that features the death of the last author. Thus, all contributing parties are safeguarded.
