Terms of Copyright

Section 23 in the Copyright Act, 1957 defines 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 1[sixty years] from the beginning of the calendar year next following the year in which the work is first published:—(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 1[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 1[sixty years] from the beginning of the calendar year 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.

Section 24 of copyright act 1957 defines 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 1[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 2[sound recordings] made in respect of the work have been sold to the public or have been offered for sale to the public.

Section 25 in the Copyright Act, 1957 defines Term of copyright in photographs

In the case of a photograph, copyright shall subsist until 1[sixty years] from the beginning of the calendar year next following the year in which the photograph is published.—In the case of a photograph, copyright shall subsist until 1[sixty years] from the beginning of the calendar year next following the year in which the photograph is published.

Section 26 of copyright act 1957 defines Term of copyright in cinematograph films.

In the case of a cinematograph film, copyright shall subsists until 1[sixty years] from the beginning of the calendar year next following the year in which the film is published.

Section 27 of copyright act 1957 defines  Term of copyright in sound recording.

In the case a 1[sound recording] copyright shall subsist until 2[sixty years] from the beginning of the calendar year next following the year in which the 1[sound recording] is published.

Section 28 of copyright act 1957 defines Term of copyright Government works.

 In the case of Government work, where Government is the first owner of the copyright therein, copyright shall subsist until 1[sixty years] from the beginning of the calendar year next following the year in which the work is first published.

In Mr.Anand Chitipothu vs Inflibnet Centre it was stated that as owner The INFLIBNET Centre is having full rights to disseminate its “literary” and “Government” work , protecting the competitive position of the Centre As per Indian Copyright Act 1957 Section 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 [Sixty] years from the beginning of the calendar year next following the year in which the work is first published.

Section 28A of copyright act 1957 defines Term of copyright in works of public undertakings.

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 2[sixty years] from the beginning of the calendar year next following the year in which the work is first published

In Anand Chitipothu v. Manoj Kumar it was stated that as owner The INFLIBNET Centre is having full rights to disseminate its literary and Government work , protecting the competitive position of the Centre As per Indian Copyright Act 1957 Section 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 [Sixty] years from the beginning of the calendar year next following the year in which the work is first published.

Section 29 of copyright act 1957 defines 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 1[sixty years] from the beginning of the calendar year next following the year in which the work is first published.

In INTERNATIONAL ASSOCIATION OF LIONS CLUB V. NATIONAL ASSOCIATION OF INDIAN LIONS it was contended that under section 29 of the Copyright Act, 1957 registration in cases of an international organisation to which the provisions of section 41 apply can subsist only for a period of 60 years from the beginning of the calendar year next following the year in which the work is first published. It is contended by the learned counsel for the de fendant that in view of the deposition in para 19 of the P.W No. 1 it is clear that the copyright was registered in 1921.