INTRODUCTION
Copyright in a work does not subsist in perpetuity. The term of copyright protection is limited to the life of the author and fifty years after his death (usually referred to as ‘fifty years pma’ i.e. post mortem auctoris) in most of the countries. The limited duration of copyright protection is a compromise between those who argue that copyright should be permanent i.e. last as long as the work is used because it is appreciated and enjoyed by the public, and those who argue that it is a personal right and should terminate with the life of the author so that the public can enjoy its unrestricted use after his death.
The compromise between the two groups having two different opinions gives rise to the notion that eventually the work should enrich the national culture and become public property after a specified period. After the expiry of the copyright term, the work falls into public domain. In other words, after the expiry of copyright term, any person can use lie copyright work without any permission or authorization and with our paying any fee or royalty.
TERM OF COPYRIGHT IN PUBLISHED LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS
Section 22 of the Copyright Act, 1957 provides that copyright subsists in any literary. dramatic, musical or artistic work published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies. It has been clarified that reference to the author would, in the case of a work of joint authorship, be construed as a reference to the author who dies last.
Prior to the amendment, the term of copyright protection was fifty years from the death of the author. The reason for extending copyright term was to protect the work of Guru Rabindranath Tagore, the copyright in which was due to expire on 31st December 1991.
There is no difference between the computer programs and computer-generated works in so far as the term of copyright is concerned. It’s the same provision as applicable in the case of author.
Copyright in anonymous and pseudonymous literary , dramatic , musical or artistic work:
According section 23 of the Copyright Act, 1957 copyright in anonymous and pseudonymous works subsists until sixty years from the beginning of the calendar year next following the year in which the work is first published. However, where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies.
Copyright until 60 years from the beginning of the calendar year next following the year in which the work is published (sec 24 to sec 29).
1. Posthumous work (Sec .24 )
Copyright may subsist in literary, dramatic or musical work or an engraving But the author of such work may die before this work is published. According to sec 24 , copyright in such work shall subsists until 60 years from the beginning of the calendar year next following the year in which the work is first published.
2. Photograph (Sec .25)
In case of photograph, copyright subsists until 60 years from the beginning of the calendar year next following the year in which photograph is published.
3. CINEMATOGRAPH FILM
In India, copyright subsists in a cinematograph film until sixty years from the beginning
of the calendar year next following the year in which the film is published. is defined under the Copyright Act, 1957 to mean making a work available to the public by issue of copies or by communicating the work to the public.
It is noteworthy that the Copyright Act, 1957 lays down term of protection in respect of published films only. The Act is silent in respect of the term of unpublished cinematograph films. It is certain that copyright subsists in unpublished cinematograph films under section 13(2)(it) of the Copyright Act, 1957. It is difficult to say whether copyright protection is available to unpublished cinematograph film for an unlimited period of time. The Act should be amended to incorporate a provision for providing specific term for the protection of unpublished cinematograph films.
4. SOUND RECORDING (Section 27)
In India, according to section 27 of the Copyright Act, 1957, copyright in a sound recording subsists until sixty years from the beginning of the calendar year next following the year in which the sound recording is published. A work is not deemed to be published, if published without the licence of the owner of the copyright.”
The Act is silent in respect of the term of
unpublished sound recordings under section 13(2) ii). In absence of such a provision, it is difficult to say whether copyright protection is available to unpublished sound recordings for an unlimited period of time.
5. TERM OF COPYRIGHT IN GOVERNMENT WORKS (Section 28)
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 record is first published.
6. 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 sixty years from the beginning of the calendar year next following the year in which the work is first published.”
7. TERM OF COPYRIGHT IN WORKS OF INTERNATIONAL ORGANISATIONS (Section 29)
In the case of a work of any international organisation to which the provisions of section 41 apply, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.
Conclusion
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. There is as such no mandatory requirement for registration of a work to avail the protection under the act. Rather it is an automatic right, which emerges as and when infringement takes place. Copyright is protected for a limited time. The Berne Convention specifies the limit or the term of copyright as not less than sixty years. And on its line, the Indian Copyright Act, 1957 provides for the protection for sixty years. Keeping in mind the provisions of the act and the rules framed therewith, an author’s moral right as a right against distortion is available even after the expiry of the term of copyright.
