Term of copyright protection

Copyrights grant protection to original works of art, literature, music and

cinematography, both published and unpublished. Their term of protection varies
according to the type of intellectual properties being protected. In this blog, we
have specified and explained the term of Copyright protection for all types of
intellectual properties created in India.
Copyrights play a crucial role in safeguarding the rights of creators over their
original works. So, understanding the duration of copyright protection is quite
essential to determine the period for which creators have the exclusive rights over
their works and the subsequent period from which these works will be available in
the public domain.
The duration of Copyright Protection varies depending on several factors, such as
the type of work being protected, the status of its publication, and the applicable
laws under the Copyright Act. It is within this period that creators have the
freedom to prevent unauthorized use or infringement of their work, monetize their
work by negotiating licensing agreements with third parties, and build their
reputation as a creator in the market.
Factors on which the Term of Copyright Depends
The duration of copyright protection is not a one-size-fits-all concept. It varies
based on several factors, each playing a role in determining the span of time during
which creators enjoy exclusive rights over their works. Let’s delve deeper to
understand these key factors in a little more detail.

1. Type of Work
The nature of the creative work itself is a significant determinant of its copyright
duration. Different categories of works, such as literary, artistic, musical, and
cinematographic works, may have distinct copyright terms. For instance, a literary
work may have a different duration of copyright protection compared to a musical
composition or a film.
2. Authorship and Collaboration
The identity of the author or authors of a work can also impact the copyright term.
In cases of collaboration, where multiple individuals contribute to the creation of a
single work, the term of copyright protection may be influenced by factors like the
joint authorship, individual contributions, and agreements between the creators.
3. Date of Creation or Publication
The timing of the creation or publication of a work plays a crucial role in
determining its copyright duration. Copyright laws often define specific
timeframes, such as the year of creation or publication, as the starting point for
calculating the duration of validity.
4. International Copyright Agreements
International copyright agreements and treaties also shape the copyright duration in
a given country. Countries may align the provisions of their copyright protection
terms with the minimum standards set forth in the agreements they are party to,
ensuring a level of harmonization and protection for works across borders.
Term of Copyright Protection
Now that we are aware of the factors affecting the term of Copyright Protection in
India, let’s understand the exact terms one by one.
In the case of a literary, dramatic, musical, or artistic work, the term
of copyright extends throughout the lifetime of the author or artist plus sixty years
after his death. This period of sixty years is calculated from the year following the
death of the author or artist. However, In case of joint authorship work, this period
of sixty years shall be counted at or immediately before the date of death of the
author who dies last. In case of posthumous works, that is literary, dramatic,
musical, or artistic works which are published after the author’s death, the sixty
years period is calculated from the date of first publication
Whereas the work is Cinematographic works, Sound recording, photograph,
Government work, international work the copyright is protected for sixty years
calculated from the year following the date of its publication. If the works are
posthumous, then these sixty years will be calculated from the date of creation.
Apart from these, the Broadcaster’s reproduction rights are protected by copyright
for 25 years following the year in which the broadcast is made, and the performer’s
rights are protected for 50 years following the year in which the performance is
done.
S.No Copyright in relation to Term of Copyright

Literary Work Artistic Work Dramatic Work Musical Work

1. Life of Author + 60 Years After Death
(Published)

Literary Work Artistic Work Dramatic Work Musical Work 60 Years After the First Publication of
2.
(Posthumous) the Work

Anonymous Works, Photographs Cinematographic Film, 60 Years from the end of the year in
3.
Sound Recordings Government Work (Published) which the work was first published

Anonymous Works, Photographs Cinematographic Film, 60 Years from the end of the year in
4.
Sound Recordings Government Work (Unpublished) which the work was first created

25 Years from the end of the year in

5. Broadcasts made by the broadcasting organizations
which the broadcast was first made

Understanding the validity term of copyrights in India is vital for both creators and
consumers alike. It ensures that creators are granted exclusive rights over their
works for a specified period, allowing them to control their creations and reap the
rewards of their artistic endeavors. Simultaneously, it strikes a balance by
eventually opening up creative works to the public domain, fostering innovation
and collective cultural enrichment.

By staying informed about copyright laws and actively participating in discussions

surrounding copyright duration, we can contribute to a fair and balanced system
that supports and respects the rights of creators while promoting the free flow of
knowledge and artistic expression.