term of copyright and registration of copyright

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TERM OF COPYRIGHT

(Sections 22–29 of the Copyright Act, 1957)

Term of copyright means the period during which the copyright owner enjoys exclusive rights over the work. After this period expires, the work enters the “public domain” and anyone can use it freely.

1. Literary, Dramatic, Musical and Artistic Works

Section 22
Copyright lasts for:

• The lifetime of the author, and
• Sixty years after the author's death.

This is called “Lifetime + 60 years”.

Important points:

• If there are multiple authors (joint authorship), the term is counted from the death of the last surviving author.
• Books, poems, articles, novels, drawings, paintings, lyrics, etc., all follow this rule.

Case reference:
In Amar Nath Sehgal v. Union of India, the court upheld the author’s moral rights even after commercialization, showing that authorship protection is long-term and strong.

2. Cinematograph Films and Sound Recordings

Section 26
Term of copyright is sixty years from the beginning of the calendar year following the year of publication.

Example:
A movie released in 2000 → copyright lasts until 31 December 2060.

3. Anonymous and Pseudonymous Works

Section 23
When the identity of the author is not revealed, copyright lasts for sixty years from publication.
If the identity becomes known later, the term becomes lifetime + sixty years.

4. Government Works

Section 27
Sixty years from the year of first publication.

Government work includes:

• Acts of Parliament
• Judgments
• Government reports
• Government-published books

5. Public Undertakings

Section 28
Sixty years from the year of first publication.

Public undertaking means a government-owned company or corporation.

6. Works of International Organisations

Section 29
Sixty years from the year of first publication, unless special agreement provides otherwise.

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REGISTRATION OF COPYRIGHT

(Sections 44–50A)

Copyright registration is not compulsory in India, because copyright exists automatically once a work is created.
However, registration gives strong legal benefits in case of disputes.

1. Is Registration Necessary?

No.
Copyright is created the moment an original work is fixed in a tangible form (written, recorded, saved, filmed, etc.).
Registration is only for evidence and convenience in court.

Case reference:
In Najma Heptulla v. Orient Longman, the court held that originality and authorship matter more than registration.

2. Authority: The Copyright Office

Section 9
The Copyright Office operates under the Ministry of Commerce and Industry (DPIIT).
It maintains official records of registration.

3. Application for Registration

Section 45 and Rule 70 of Copyright Rules, 2013

A person who wants to register must submit:

• Application Form (Form XIV)
• Statement of Particulars
• Statement of Further Particulars
• Fee
• Copy of the work

Distinct application must be filed for each work type.

4. Procedure of Registration

This is important for exams.
Steps include:

1. Filing the application with all required documents and fee.
2. Office issues a diary number.
3. Mandatory waiting (objection) period of 30 days.
4. If no objection → work is examined.
5. If objection is raised → hearing is conducted.
6. If the Registrar is satisfied → registration is granted.
7. Entry is made in the Register of Copyrights.
8. Certificate of Registration is issued.

Case reference:
In MRF Ltd. v. Metro Tyres Ltd., the court held that a certificate of registration is strong prima facie evidence of ownership.

5. Effect of Registration

Section 48

The Register of Copyrights serves as prima facie evidence of:

• Ownership
• Date of creation
• Authorship
• Details of work

This helps in infringement suits.

6. Correction of Register

Section 49
Registrar can rectify entries in case of mistakes, disputes, or wrong information.

7. Appeals

Section 50
Any person aggrieved by the decision of the Registrar can file an appeal before the Copyright Board (now merged with Intellectual Property Appellate Board – IPAB).

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DIFFERENCE BETWEEN TERM AND REGISTRATION (Exam Tip)

Term of copyright

• Deals with how long copyright lasts.
• Sections 22–29.
• Different terms for different types of works.

Registration of copyright

• Deals with recording/authenticating copyright.
• Sections 44–50A.
• Not mandatory but very useful in litigation.

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Below are important case laws with full detailed analysis related to (1) Term of Copyright and (2) Registration of Copyright — written clearly for LLB exam perspective, without emojis, 100% humanised.

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CASE LAWS RELATED TO TERM OF COPYRIGHT

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1. Amar Nath Sehgal v. Union of India (2005)

Facts

Amar Nath Sehgal was a famous sculptor. His mural (artistic work) was installed in Vigyan Bhawan, New Delhi.
The Government damaged and dumped the mural.

Issue

Does the author’s right continue even after publication?
What happens to the author’s rights (especially moral rights) during the term of copyright?

Judgment

The Delhi High Court held:

• Copyright includes moral rights, which continue as long as the copyright term lasts.
• Author has the right to protect the integrity of his work during the entire term of copyright.
• Even the government cannot destroy, deform, or distort an artistic work.

Legal Principle

This case strengthened the idea that:

• Copyright term is long and meaningful because it protects both economic and moral rights.
• The author retains important personal rights throughout their lifetime + 60 years.

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2. Indian Express Newspapers v. Jagmohan (1984)

Facts

A journalist wrote articles during the course of employment. Ownership and duration of copyright were disputed.

Issue

Who owns the copyright for employment works, and how does term apply?

Judgment

The court clarified:

• Employer becomes the first owner if work is done under employment (Section 17).
• Term of copyright is then calculated according to the category of work, not the author’s lifetime.

Principle

Term of copyright depends on the type of work and ownership, not just the identity of the writer.

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3. University of London Press Ltd. v. University Tutorial Press (1916)

(English case, often cited in India)

Principle

The court clarified what counts as “original” before deciding copyright and its term.
This case is used to explain that once a work qualifies for copyright, the creator enjoys full statutory term protection.

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CASE LAWS RELATED TO REGISTRATION OF COPYRIGHT

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1. Najma Heptulla v. Orient Longman Ltd. (1989)

Facts

A dispute arose regarding authorship of a literary work (book).
One party relied on copyright registration to claim ownership.

Issue

Is copyright registration conclusive proof of authorship?

Judgment

Court held:

• Registration is not mandatory under Indian law.
• Registration is only prima facie evidence, not final proof.
• Actual authorship must be decided based on facts and evidence.

Legal Principle

Copyright exists automatically once a work is created.
Registration helps but is not decisive.

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2. MRF Ltd. v. Metro Tyres Ltd. (2012)

Facts

MRF claimed copyright in its artistic logo and relied on its registration certificate.
Metro Tyres argued that registration is not strong evidence of originality.

Issue

What is the evidentiary value of a copyright registration certificate?

Judgment

The Delhi High Court held:

• Copyright registration is strong prima facie evidence.
• Until proven otherwise, the court will accept the registration entry as correct.
• It shifts the burden of proof to the opposite party.

Principle

Registration strengthens the owner’s legal position in infringement suits.

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3. R.G. Anand v. Delux Films (1978)

(Used to explain importance of registration and originality)

Facts

A playwright (R.G. Anand) claimed his play was copied in the film “New Delhi”.
He had not registered the work.

Issue

Can copyright be enforced even without registration?

Judgment

Supreme Court held:

• Copyright enforcement does not require registration.
• Originality and substantial similarity determine infringement.

Principle

Copyright is created automatically.
Registration is beneficial but not essential for suing.

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4. Macmillan & Co. v. K. & J. Cooper (1923)

(Privy Council, persuasive in India)

Principle

Author must prove originality even if work is registered.
Registration alone does not guarantee ownership.

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5. Syndicate of the Press of the University of Cambridge v. K. A. Rehman (air 1970)

(Used in Indian courts)

Issue

Whether registration binds the courts.

Judgment

Court held:

• Register of Copyrights is an official record.
• Courts give it high evidentiary value, but it can be rebutted through strong evidence.

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HOW TO USE THESE CASE LAWS IN YOUR ANSWER

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For “Term of Copyright” answer, mention:

• Amar Nath Sehgal case
• Indian Express Newspapers case
• University of London Press case

For “Registration of Copyright”, mention:

• Najma Heptulla case
• MRF case
• R.G. Anand case
• Cambridge Press case

These cases are most frequently cited in LLB papers.

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