Intellectual
Property Rights
COPYRIGHT ACT 1957
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 17[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
17[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 17[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 the 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 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 17[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 10[sound recording] 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 17[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 cinematograph
film, copyright shall subsist until 17[sixty] years from the beginning
of the calendar year next following the year in which the film is published.
27. Term of copyright in 10[sound recording]
In the case of a 10[sound
recording], copyright shall subsist until 17[sixty] years from the beginning
of the calendar year next following the year in which the 10[sound recording]
is published.
28. Term of copyright in government works
In the case of government
work, where government is the first owner of the copyright therein, copyright
shall subsist until 17[sixty] years from the beginning of the calendar
year next following the year in which the work is first published.
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 subsist until 17[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 17[sixty] years from the beginning of the
calendar year next following the year in which the work is first published.
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