IPR
Topic 20 Term Duration
Topic 20 — Term and Duration of Copyright
Copyright is time-limited. After expiry, the work falls into the public domain and may be exploited by anyone without permission or payment. The Indian Copyright Act 1957 lays down different terms for different categories of work in Sections 22 to 29. The general rule is "life of the author plus sixty years" — significantly longer than the Berne minimum of life-plus-fifty, but shorter than the US/EU standard of life-plus-seventy. This topic walks through every term provision, explains the two methods of computation (life-based and publication-based), addresses joint authorship and Government works, and ends with the policy debates over term length and the growing importance of the public domain.
1. The General Rule — Section 22
Section 22, Copyright Act 1957 "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 sixty years from the beginning of the calendar year next following the year in which the author dies." |
Three points to note:
- "Life + 60" — the term continues from the author's death until the end of the sixtieth calendar year following.
- "Calendar year next following" — terms expire at year-end (31 December), not on the anniversary of the author's death. This makes calculation simple and uniform.
- Photographs were earlier separately treated under Section 25 with a 60-year-from-publication term, but the 2012 amendment brought photographs within Section 22 — they too now enjoy life + 60.
✅ How to compute "life + 60" If an author dies in 2025, the calendar year next following is 2026. Sixty years from 2026 means the copyright expires at the end of 31 December 2085. The work enters the public domain on 1 January 2086. Always count from "the beginning of the calendar year next following", not from the date of death itself. |
2. Anonymous and Pseudonymous Works — Section 23
Where the author of a literary, dramatic, musical or artistic work is anonymous or pseudonymous and the work is published, the term is sixty years from the beginning of the calendar year next following the year of first publication. If the identity of the author is disclosed before the term expires, the term shifts to the standard life-plus-sixty formula calculated from the author's death.
Practical Effect
A pseudonymous novel published in 2024 attracts a 60-year term running from 1 January 2025, expiring 31 December 2084. If the author's identity is disclosed before that date, the calculation switches to life + 60 from the author's death — possibly extending the term considerably if the author is still living. The provision balances the protection of authors who choose anonymity with the public interest in not having indefinite uncertainty about copyright status.
3. Posthumous Works — Section 24
A "posthumous work" is one that has not been published before the author's death and is published after it. Section 24 provides that copyright subsists for sixty years from the beginning of the calendar year next following the year in which the work is first published. Posthumous publication therefore restarts the clock — even if the author died long ago.
✅ Why posthumous publication restarts the clock The rationale is to encourage publication of unpublished works. Without Section 24, an unpublished manuscript discovered fifty years after the author's death would have only ten years of copyright protection — too short to incentivise the publisher to invest in editing, marketing and distribution. The 60-year-from-publication term provides a meaningful incentive. |
4. Photographs — Earlier Section 25 (Now Section 22)
Until 2012, photographs were governed by a separate provision (Section 25), giving copyright for 60 years from publication. The 2012 amendment merged photographs into the general life-plus-sixty regime under Section 22. This brought Indian law in line with international standards and recognised the creative status of photographers as authors equivalent to other artistic-work creators.
5. Cinematograph Films — Section 26
Copyright in a cinematograph film subsists for 60 years from the beginning of the calendar year next following the year in which the film is published. Films are derivative works; their copyright term is computed from publication of the film itself, not from the author's death. The 60-year-from-publication formula applies regardless of when the producer or any other contributor dies.
6. Sound Recordings — Section 27
Copyright in a sound recording subsists for 60 years from the beginning of the calendar year next following the year in which the sound recording is published. Like films, sound recordings have publication-based terms. The underlying literary and musical works incorporated in the sound recording have their own life-plus-sixty terms (Section 22) and outlive the sound recording in most cases.
7. Government Works — Section 28
Copyright in Government works subsists for 60 years from the beginning of the calendar year next following the year in which the work is first published. The Government, being a corporate body, has no "life", so the term is necessarily publication-based.
Public Undertakings — Section 28A
Inserted by the 1983 amendment. Public undertakings (companies controlled by the Government, statutory bodies and corporations established by law) hold copyright in works made or first published by or under their direction or control for a term of 60 years from the beginning of the calendar year next following the year of first publication.
International Organisations — Section 29
Copyright in works of international organisations to which Section 41 applies subsists for 60 years from the beginning of the calendar year next following the year of first publication.
8. Term of Copyright — Master Table
Category of Work | Term | Section |
|---|---|---|
Literary, dramatic, musical and artistic works (incl. photographs) | Life of author + 60 yrs | Section 22 |
Anonymous / pseudonymous works | 60 yrs from publication; switches to life + 60 if author identified | Section 23 |
Posthumous works | 60 yrs from publication | Section 24 |
Cinematograph films | 60 yrs from publication | Section 26 |
Sound recordings | 60 yrs from publication | Section 27 |
Government works | 60 yrs from publication | Section 28 |
Public-undertaking works | 60 yrs from publication | Section 28A |
International-organisation works | 60 yrs from publication | Section 29 |
Performer's right | 50 yrs from year of performance | Section 38 |
Broadcaster's right | 25 yrs from year of broadcast | Section 37 |
9. Joint Authorship and Term Computation
For works of joint authorship (Section 2(z)), the term is computed from the death of the author who dies last. This is implicit in Section 22 and explicit in Section 22 read with Section 2(z).
✅ Illustration — joint authorship A and B co-author a novel. A dies in 2030, B in 2055. Copyright term runs from the death of B (the longer-living author). Sixty years from the beginning of the calendar year next following 2055 is the end of 2115. The work enters the public domain on 1 January 2116. The fact that A died twenty-five years earlier does not shorten the term. |
10. Indian Term Compared with the World
Jurisdiction | General Term (Literary) | Films | Sound Recordings |
|---|---|---|---|
India | Life + 60 yrs | 60 yrs from publication | 60 yrs from publication |
United States | Life + 70 yrs (post-1978) | 95 yrs from publication or 120 yrs from creation | 95 yrs from publication |
United Kingdom (and EU) | Life + 70 yrs | 70 yrs from death of last principal contributor | 70 yrs from publication |
Berne Convention minimum | Life + 50 yrs | Min. 50 yrs from publication | Min. 50 yrs from publication (Rome Convention) |
China | Life + 50 yrs | 50 yrs from publication | 50 yrs from publication |
Japan | Life + 70 yrs (since 2018) | 70 yrs from publication | 70 yrs from publication |
✅ Why India is at "life + 60", not "life + 70" India's 60-year post-mortem term exceeds the Berne minimum of 50 years and was set at the time of the 1957 Act. It has not been extended despite global trend toward longer terms (US in 1998 — Sonny Bono Act; EU in 1993; Japan in 2018). The Indian Parliament has repeatedly considered extension but rejected it on grounds of access and balance — consistent with India's broader "TRIPS-flexibility" approach. |
11. The Public Domain
Once the term expires, the work enters the public domain. It can be used freely by anyone, in any way, without permission or payment. The public domain is a vital cultural commons. Indian works that have entered the public domain include almost everything by Rabindranath Tagore (died 1941; copyright expired 1 January 2002) and Premchand (died 1936; copyright expired 1 January 1997). Newer works will continue to enter as their authors' life + 60 windows close.
What Falls into the Public Domain in 2026
Works whose authors died in 1965 will enter the public domain on 1 January 2026 (60 years after the calendar year next following 1965, i.e., end of 2025). This includes notable Indian and international authors. Films and sound recordings published before 1 January 1966 also enter the public domain on 1 January 2026.
✅ Practical use of the public domain A publisher can republish public-domain works without licence. A composer can adapt public-domain music. A film-maker can use a public-domain photograph as a poster. Cumulatively, the public domain is one of the most important assets of the cultural economy. India's 60-year term, while shorter than US/EU norms, ensures a relatively healthier flow of works into the commons. |
12. Performer's and Broadcaster's Rights — Distinct Terms
Performer's Right — Section 38
A performer's right subsists for 50 years from the beginning of the calendar year next following the year of performance. The 2012 amendment introduced moral rights for performers under Section 38B. Performer's rights coexist with the copyright in the underlying work and the copyright in any film or sound recording incorporating the performance.
Broadcaster's Right — Section 37
A broadcasting organisation has a "broadcast reproduction right" — the exclusive right to re-broadcast, record or sell the broadcast. The right subsists for 25 years from the beginning of the calendar year next following the year in which the broadcast is made. This is the shortest IP term in Indian copyright law.
🎯 EXAM POINTERS — TOPIC 20
|