Chapter V
TERM OF COPYRIGHT
22. Term of copyright in published literary, dramatic, musical and artistic works.
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 [i][* * *] published within the lifetime of the author until [ii][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.
23. Term of copyright in anonymous and pseudonymous works.—(1) In the case of a literary, dramatic, musical or artistic work (other than photograph), which is published anonymously or pseudonymously, copyright shall subsist until [iii][sixty years] from the beginning of the calendar year next following the years 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 [iv][sixty years] from the beginning of the calender 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 pseudonyms 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 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 authors 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 [v][Appellate Board] by that author.
24. Term of copyright in posthumous works.
24. Term of copyright in posthumous works.—(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 [vi][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 of 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 [vii][sound recordings] 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.
25. Term of copyright in photographs.—[viii][* * *]
26. Term of copyright in cinematograph films.
26. Term of copyright in cinematograph films.—In the case of a cinematograph film, copyright shall subsist until [ix][sixty years] from the beginning of the calendar year next following the year in which the film is published.
27. Term of copyright in sound recordings.
27. Term of copyright in [x][sound recordings].—In the case of a [xi][sound recording], copyright shall subsist until [xii][sixty years] from the beginning of the calendar year next following the year in which the [xiii][sound recording] is published.
28. Term of copyright in Government works.
28. Term of copyright in Government works.—In the case of a Government work, where Government is the first owner of the copyright therein, copyright shall subsist until [xiv][sixty years] from the beginning of the calendar year next following the year in which the work is first published.
28-A. Term of copyright in works of public undertakings.
[xv][28-A. 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 [xvi][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 organisation.
29. Term of copyright in works of international organisation.—In the case of a work of an international organisation to which the provisions of Section 41 apply, copyright shall subsist until [xvii][sixty years] from the beginning of the calendar year next following the year in which the work is first published.
References
[i] The brackets and words “(other than a photograph)” omitted by Act 27 of 2012, S. 12 (w.e.f. 21-6-2012).
[ii] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
[iii] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
[iv] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
[v] Substituted for “Copyright Board” by Act 7 of 2017, S. 160(a) (w.e.f. 26-5-2017).
[vi] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
[vii] Substituted for “record” by Act 38 of 1994, S. 2(xii) (w.e.f. 10-5-1995).
[viii] Omitted by Act 27 of 2012, S. 13 (w.e.f. 21-6-2012).
[ix] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
[x] Substituted for “record” by Act 38 of 1994, S. 2(xii) (w.e.f. 10-5-1995).
[xi] Substituted for “record” by Act 38 of 1994, S. 2(xii) (w.e.f. 10-5-1995).
[xii] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
[xiii] Substituted for “record” by Act 38 of 1994, S. 2(xii) (w.e.f. 10-5-1995).
[xiv] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
[xv] Inserted by Act 23 of 1983, S. 11 (w.e.f. 9-8-1984).
[xvi] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
[xvii] Substituted for “fifty years” by Act 13 of 1992, S. 2, w.e.f. 28-12-1991.
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