Copyright is a form of intellectual property protection that grants exclusive rights to the creators or owners of original works. As per the Copyright Act 1957, copyright owners in India enjoy several key rights, including the right of reproduction, adaptation, distribution, public performance, communication to the public, broadcasting and rebroadcasting, translation, and moral rights. However, these rights are not perpetual and are subject to a time limit. This time limit is known as the term of copyright. Understanding the term of copyright is crucial for creators, businesses, and individuals to protect their creative works and safeguard their interests.
In this article, we will delve into the term of copyright under the Indian Copyright Act 1957, including the duration of the term of copyright for different categories of works, the significance of the term of copyright, and how to calculate the term of copyright.
Duration of the Term of Copyright
The Copyright Act 1957 lays down the duration of the term of copyright for different categories of works. The duration of the term of copyright varies depending on the type of work and the date of its creation or publication.
For literary, dramatic, musical, and artistic works, the term of copyright is the lifetime of the author plus sixty years from the beginning of the calendar year following the year of the author’s death. If the work is jointly authored, the term of copyright is calculated based on the lifetime of the last surviving author plus sixty years from the beginning of the calendar year following the year of the last surviving author’s death.
For cinematographic films, sound recordings, photographs, and anonymous or pseudonymous works, the term of copyright is sixty years from the beginning of the calendar year following the year of the first publication of the work. If the work is not published within sixty years of its creation, the term of copyright is calculated from the beginning of the calendar year following the year of its creation.
Significance of the Term of Copyright
The term of copyright plays a crucial role in determining the rights of the copyright owner and the public domain status of the work. The term of copyright ensures that the exclusive rights of the copyright owner are not perpetual and that the work eventually enters the public domain, where it can be freely used by anyone. Once a work enters the public domain, anyone can use, reproduce, adapt, distribute, perform, and communicate the work to the public without the permission of the copyright owner.
The term of copyright also determines the availability of the work for licensing and the revenue streams for the copyright owner. During the term of copyright, the copyright owner has the exclusive right to license the work and earn revenue from its use. Once the work enters the public domain, the revenue streams for the copyright owner cease, and the work becomes freely available for use by anyone.
Calculating the Term of Copyright
Calculating the term of copyright can be a complex process, especially for joint authorship, anonymous or pseudonymous works, and unpublished works. However, understanding the basic principles of calculating the term of copyright can provide clarity and ensure that the rights of the copyright owner are properly protected.
For example, if an author dies on 1st January 2020, the term of copyright for their literary work will expire on 1st January 2081, which is the lifetime of the author plus sixty years from the beginning of the calendar year following the year of the author’s death.
While the basic term of copyright in India is established by the Copyright Act of 1957, there have been numerous amendments to the Act over the years that have altered the length of copyright protection for certain works. One such amendment was made in 1992[1] , which extended the term of copyright for photographs to sixty years from the beginning of the calendar year following the year in which the photograph was taken.
However, it is important to note that copyright law is not always clear-cut and has been the subject of numerous legal battles over the years. For example, in 2019, the Delhi High Court issued a ruling in the case of Tips Industries Ltd. v. Wynk Music Ltd. that clarified the term of copyright protection for sound recordings in India.
In this case, the court held that the term of copyright for sound recordings is both the lifetime of the author plus sixty years from the beginning of the calendar year following the year of the author’s death and sixty years from the beginning of the calendar year following the year in which the recording was first published. The court’s ruling was significant in that it clarified the term of copyright protection for sound recordings, which had previously been a matter of some dispute.
Fair Use
Another important aspect of copyright law in India is the concept of fair use. Fair use is a doctrine that allows for limited use of copyrighted material without the permission of the copyright owner. The Copyright Act of 1957 establishes several categories of fair use, including research, criticism, news reporting, teaching, and parody.
However, the scope of fair use in India is not as broad as it is in some other countries, such as the United States. Indian courts have generally taken a narrow view of fair use and have held that any use of copyrighted material must be for a specific purpose that is explicitly allowed by the Copyright Act.[2]
In conclusion, copyright law in India is a complex area of law that requires careful consideration of various legal principles and provisions. It is essential for individuals and businesses to understand the term of copyright, as it governs the duration of protection for creative works.
MAK LAW has a team of experienced lawyers who can provide guidance on copyright law and its application in India. With an emphasis on fostering strong relationships with clients and providing legal insight with business instinct, MAK LAW aims to become one of the most sought-after voices in legal matters across India. By staying up to date with changes in copyright law and the evolving needs of clients, MAK LAW is committed to delivering the highest level of legal services to its clients in India and abroad.