Updated : June 09, 2024Copyright Registration Validity Period in India
Overview :The copyright is essentially a negative right that prohibits the copying of an original work of various types which has been recognized under section 13 of The Copyright Act, 1957. The registration of copyright is not necessary to enforce IP Rights and it naturally vests with the author of the original work.
The works which can be protected under the copyright law of India are as under
- Literary Work
- Dramatic Work
- Artistic Work
- Music Work
- Cinematograph Film
- Sound Recording
Validity of Copyright registration in India
The validity of copyright protection varies on different parameters and is not the same for all classes or types of the trademark which is based on the publication of the original work.
- Published Work of Literature (Literary Work) or music work or artistic work other than photographs are protected for a term of copyright the lifetime of the author of the original work and 60 years after that. In other words, the copyright subsists for a period of up to 60 years from the death of the author of the work.
- Work of Literature (Literary Work) or music work or artistic work other than photographs which have not been published, performed or offered for sale or for broadcast during the lifetime of the author, shall have a validity of the copyright on the original work for a period of 60 years after of the death of the author from the end of the year in which the work was first published or performed or offered for sale.
- Cinematograph Film, Photographs, and computer programs have the protection of copyright for a period of 60 Years beginning the end of the year in which the work is published or made available to the public with the specific consent of the author or creator of the work.
- However, in the case of unpublished Cinematograph films, Photographs, and computer programs the copyright in the original work subsites up to 60 Years from the year in which the original work was for the first time created.
- The sound recordings have the validity of their copyright for 60 years from the end of the year in which such a sound recording is published for the first time.
Feel free to ask any question on copyright and our IPR Specialist will be more than happy to answer your queries in reply.
Conclusion
In conclusion, copyright protection in India is a valuable tool for safeguarding original works across various categories. While registration is not mandatory, it is advisable to consider it for additional legal benefits. The duration of copyright varies depending on the type of work, ranging from the lifetime of the author plus 60 years to 60 years from the year of publication. By understanding the validity and scope of copyright protection, creators can confidently assert their rights and protect their intellectual property. Whether it’s literature, music, art, films, or computer programs, copyright plays a crucial role in fostering creativity and ensuring the rights of creators are respected.
