Duration of Copyright in India

Where creation and dissemination of content are ubiquitous, understanding the nuances of copyright law is important for creators and consumers alike. Copyright law protects the creators’ intellectual property rights while ensuring that the works can eventually become part of the public domain. India, with its rich tradition of literature, arts and cinema, follows a structured copyright regime outlined under the Copyright Act, 1957.

What is Copyright?

Copyright is a legal right granted by the law to creators of literary, dramatic, musical, artistic works and producers of cinematograph films and sound recordings. Essentially, copyright is aimed at safeguarding the creator’s original expressions from unauthorised use, which can include copying, adapting and distributing the copyrighted material without permission.

Duration of Copyright in India

The duration of copyright protection in India is not perpetual (lifetime); it extends for a specific period, after which the works enter the public domain, allowing free and unrestricted access to the society. The term of copyright varies based on the type of work:

Literary, Dramatic, Musical and Artistic Works

The copyright in case of literary, dramatic, musical and artistic works lasts for a period of 60 years from the beginning of the calendar year following the death of the author. In instances of joint authorship, the 60-year term is calculated from the year following the death of the last surviving author.

Cinematograph Films, Sound Recordings, Photographs

Copyright for cinematograph films, sound recordings and photographs is protected for 60 years from the beginning of the calendar year following the year in which the work was first published.

Posthumous Publications, Anonymous and Pseudonymous Publications

If a work is published posthumously, anonymously or under a pseudonym, the copyright term is 60 years from the year of publication, provided the copyright holder is not disclosed during this period.

Works of Government, International Organisations and Unpublished Works

Works created by the government or by international organisations are also protected for 60 years from the year of their publication. If the work has not been published, it is protected for 60 years from the creation of the work.

Broadcast Reproduction Rights and Performers’ Rights

Broadcast reproduction rights are protected for 25 years from the beginning of the calendar year next following the year the broadcast was made.

Performers’ rights, such as those of a musician or actor, last for 50 years from the beginning of the calendar year following the year the performance was first given.

Here’s a table summarising the duration of copyright terms in India for different types of works:

Why is Copyright Not Perpetual?

The finite duration of copyright is a fundamental concept designed to balance the interests of the creators and the public. While it provides creators the exclusive rights to exploit their works for a certain period, it also ensures that these works eventually become available for public use. This balance supports both cultural enrichment and economic growth by encouraging creative activity and enabling access to artistic works.