How long does copyright protection last in India under Section 22

Question

I want to know when the copyright in a book, song or photograph expires and enters the public domain. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How long does copyright protection last in India under Section 22 is governed in India primarily by Copyright Act, 1957, Section 22, Copyright Act, 1957, Section 26 and Copyright Act, 1957, Section 27. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 22 of the Copyright Act, 1957 provides that copyright in a literary, dramatic, musical or artistic work (other than a photograph) subsists during the lifetime of the author and for sixty years thereafter, counted from the beginning of the calendar year following the author's death.

Section 26 fixes the term for cinematograph films at sixty years from the beginning of the calendar year following the year of publication, and Section 27 applies the same sixty-year term, measured from publication, to sound recordings, since these works do not have a single identifiable individual author in the traditional sense.

For anonymous or pseudonymous works, government works and works of international organisations, Sections 23, 28 and 28A respectively fix the term at sixty years from publication, unless the author's identity is disclosed before expiry, in which case the general author-life-plus-sixty rule under Section 22 may apply instead.

Once the copyright term expires, the work enters the public domain and can be freely copied, adapted, translated or performed by anyone without permission or payment, though moral rights of the author under Section 57, such as the right of paternity and integrity, are argued by some to survive independently in limited respects.

What to do next: 1) Identify the category of work to determine which section's term applies; 2) Calculate the term from the correct trigger date — death or publication; 3) Check whether the author's identity was later disclosed for anonymous works; 4) Confirm public domain status before reproducing an older work commercially.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Copyright Act, 1957, Section 22 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.