Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Copyright: Subject Matter, Ownership and Term

Updated 11 October 2026

Copyright under the Copyright Act, 1957 protects original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. The author is usually the first owner, with exceptions such as employment. Owners can assign or license their rights. For most works the term is the author's life plus sixty years. Answer by stating the rule, applying the facts, then concluding.

Understand Copyright: Subject Matter, Ownership and Term

Copyright is the exclusive right to do or authorise certain acts with an original work, such as copying it, publishing it, adapting it or communicating it to the public. It protects the way an idea is expressed. It does not protect the idea itself. It also does not depend on registration. Registration only gives a record that helps as evidence.

The subject matter is fixed by the Act. Copyright subsists in original literary, dramatic, musical and artistic works, in cinematograph films and in sound recordings. Computer programmes count as literary works. Always test the first point: is the work original, and does it fall in one of these classes? Work first published in India, or by an Indian citizen or someone domiciled in India, qualifies. Under Section 40 the Central Government can, by Gazette order, apply the Act to works first published in a territory outside India as if they were first published in India, to unpublished works of authors who were citizens of that country when the work was made, in respect of domicile in that territory as if the domicile were in India, and to published works whose author was a citizen of that country at the date of first publication (or at the time of death, if the author was dead by then). Before making an order for a country that has no treaty or convention on copyright with India to which India is also a party, the Government must be satisfied that the country has made, or has undertaken to make, such provisions as appear expedient to require for protecting works entitled to copyright under the Indian Act. Under Section 42 it can do the reverse. If a foreign country does not give, or has not undertaken to give, adequate protection to the works of Indian authors, the Government can withhold copyright from works first published in India by that country's non-domiciled citizens.

Ownership. The general rule is that the author is the first owner. The Act lists exceptions. The main ones are: a work made in the course of employment under a contract of service (the employer, absent a contrary agreement); certain works made for a newspaper or magazine proprietor; photographs, paintings, portraits, engravings and films made for valuable consideration at someone's instance (that person, absent a contrary agreement); and Government works (the Government, absent an agreement). Memorise the exceptions, because most ownership questions are tests of them.

An owner can transfer rights by assignment, which must be in writing and signed by the assignor. The owner can also grant a licence, which permits specific acts without transferring ownership. If the assignment is silent, the Act supplies defaults on period, territory and non-exercise of rights. Some licences are compulsory and granted by a Commercial Court. For example, Section 32A allows a licence to reproduce and publish a literary, scientific or artistic work for systematic instructional activities. It is available after the relevant period from first publication has passed and either (a) copies of the edition are not made available in India, or (b) copies have not been put on sale in India for six months, to the public or for systematic instructional activities, at a price reasonably related to that normally charged in India for comparable works.

Term is the period for which copyright lasts. For literary, dramatic, musical and artistic works it runs for the author's life plus sixty years, counted from the beginning of the calendar year after the author's death. Government works and works of public undertakings run for sixty years from the beginning of the calendar year after first publication. Other classes have their own term rules in the Act, so check the rule for the class in the question. Always count from the start of the next calendar year, not from the exact date.

Key rules to remember

Works protected: Original literary, dramatic, musical, artistic works + cinematograph films + sound recordings; Computer programmes are literary works. Ideas alone are not protected. Registration is not a condition of copyright.
First owner (general rule): First owner = author; Exceptions: employer under a contract of service, newspaper or magazine proprietor, person who commissioned a photograph, portrait, painting, engraving or film for valuable consideration, and Government in Government works, each subject to contrary agreement. Check the exact conditions of each.
Assignment: Assignment must be in writing, signed by the assignor (or his duly authorised agent); If the deed is silent, Section 19 of the Copyright Act, 1957 supplies defaults. Under Section 19(5) the period is deemed to be five years. Under Section 19(6) the territory is presumed to be India. Under Section 19(4) the assignment is deemed to have lapsed if the assignee does not exercise the rights within one year of the assignment, unless the deed says otherwise. If the assignment lapses under Section 19(4), the five-year period no longer matters.
Term: literary, dramatic, musical, artistic works: Life of author + 60 years, counted from the beginning of the calendar year next after death; For joint authors, count from the death of the last surviving author.
Term: other classes of work: Each class has its own term rule in the Act; Do not apply the author-life rule to films, sound recordings, photographs or anonymous works without checking the specific term provision for that class.
Term: Government works (Section 28) and public undertakings (Section 28A): 60 years from the beginning of the calendar year next following the year of first publication; Applies where the Government, or a public undertaking, is the first owner.
Instructional licence (Section 32A) relevant period: 7 years: fiction, poetry, drama, music, art | 3 years: natural science, physical science, mathematics, technology | 5 years: any other work; Counted from first publication. After that period, the trigger is that copies are not made available in India, or have not been put on sale in India for six months at a price reasonably related to the normal price. The applicant must first ask the owner and wait six months (science and technology works) or three months (other works). The licence is non-exclusive, royalty-bearing and not valid for export.
Foreign works (Sections 40 and 42): Section 40: Central Government order extends the Act to foreign works | Section 42: order restricts rights of foreign authors from countries not protecting Indian works; Both need an order published in the Official Gazette.

How to solve Copyright: Subject Matter, Ownership and Term questions

Use this order for any question on subject matter, ownership or term. It mirrors the ICSI answer format of provision, analysis, conclusion.

1Identify the class of work: literary, dramatic, musical, artistic, film or sound recording. Check originality and that it is expression and not a mere idea.
2Check the link to India: first publication in India, Indian author or domicile, or a Section 40 order covering the foreign work.
3Name the first owner. Start with the author, then test each exception: employment, newspaper or magazine, commissioned work, Government work. Check for a contrary agreement.
4If a transfer is involved, decide whether it is an assignment or a licence. Check writing, signature, and the period, territory and non-exercise rules where the deed is silent.
5Identify the term rule for the class of work and the starting point: death of the author or publication.
6Compute the term. Start from 1 January of the year after the event, add the number of years, and state the last day as 31 December.
7Write the conclusion in one clear sentence, citing the section where you are sure of it.
8Add a brief note on any special licence or order, such as Section 32A, 40 or 42, if the facts point to it.

Quickest way: Three-question shortcut: What, Who, How long

When to use it: Use it for short-answer and problem questions when time is tight, usually under ten minutes per question.

What: name the class of work and say whether it is protected.
Who: say who owns it, giving the general rule first and the exception that fits the facts. For a transfer, add whether it is an assignment or a licence.
How long: pick the term rule and compute it. Add one year to the event year, put 1 January as the start, add the years, and the term ends on 31 December.
Close with one conclusion line. Example: a Government work first published in 2015 runs 60 years from 1 January 2016, so it expires on 31 December 2075.

Common mistakes in Copyright: Subject Matter, Ownership and Term

Counting the term from the exact date of death or publication.
Students remember 'life plus 60 years' and skip the rule on when counting starts.
Fix: Always start from the beginning of the calendar year next following the death or publication. The term then ends on 31 December of the final year.
Saying registration is needed for copyright to exist.
Students mix copyright with patents, trade marks or designs, which depend on registration.
Fix: Write that copyright arises automatically on creation of an original work in a protected class. Registration is optional and only serves as evidence.
Treating the author as owner in every case.
The general rule is learned but the exceptions are forgotten.
Fix: Run the exception checklist: employment, newspaper or magazine, commissioned photograph, portrait, painting, engraving or film, Government work. Then look for a contrary agreement.
Confusing assignment with licence.
Both involve permission to use the work, so they sound alike.
Fix: An assignment transfers ownership of the rights, and must be in writing and signed. A licence only permits specified acts and leaves ownership with the owner.
Applying the author-life term to films, sound recordings and photographs.
Students learn one term rule and apply it to all works.
Fix: Films, sound recordings, photographs and anonymous works have their own publication-based term provisions. Generally, films, sound recordings and photographs run for 60 years from the beginning of the calendar year next after publication. Check the specific section for each class instead of quoting one universal rule. Anonymous and pseudonymous works, posthumous works, broadcasts and performers' rights have different terms.
Mixing up Sections 40 and 42, or omitting the Gazette order.
Both deal with foreign works and sound similar.
Fix: Section 40 extends Indian copyright to foreign works. Section 42 restricts the rights of foreign authors whose country does not protect Indian authors. Both operate only through an order published in the Official Gazette.

Worked examples

Example 1

Sunita, a novelist, died on 12 March 2018. Her novel was first published in 2010. Until when does copyright in the novel subsist in India?

Show the solution

Provision: a novel is a literary work. Copyright in a literary work subsists for the life of the author plus sixty years, counted from the beginning of the calendar year next following the author's death.
Facts: Sunita died in 2018. The calendar year next following is 2019, so counting starts on 1 January 2019.
Add sixty years to 1 January 2019. The period runs until 31 December 2078.
The date of first publication in 2010 does not affect the term. It matters only for classes whose term runs from publication, such as Government works.

Answer: Copyright in the novel subsists until 31 December 2078, that is, sixty years from 1 January 2019.

Example 2

Meera assigns the copyright in her novel to Kiran Publishers by a signed written deed. The deed is silent on the period of assignment and the territory. Kiran does not exercise any of the assigned rights for two years. Advise on the position.

Show the solution

Provision: an assignment of copyright must be in writing and signed by the assignor. Where the deed is silent, Section 19 of the Copyright Act, 1957 supplies default rules.
Period: under Section 19(5), if the period is not stated, it is deemed to be five years from the date of assignment.
Territory: under Section 19(6), if the territorial extent is not specified, it is presumed to extend within India.
Non-exercise: under Section 19(4), if the assignee does not exercise the assigned rights within one year of the assignment, the assignment is deemed to have lapsed, unless the deed provides otherwise.
Facts: the deed is written and signed, so it is valid. It does not state a period or territory, so the defaults of Section 19(5) and (6) would apply. But Kiran did nothing for two years, which is more than one year, and the deed has no contrary provision. So Section 19(4) operates and the assignment is deemed to have lapsed.
Effect: because the assignment has lapsed for non-exercise, the five-year default period is moot. It no longer matters how much of the five years remained.

Answer: The assignment was validly made. By default it would have run for five years and covered India (Section 19(5) and (6)). However, Kiran did not exercise the rights within one year, so under Section 19(4) the assignment is deemed to have lapsed, as the deed has no contrary provision. The five-year period is therefore moot, and the rights remain with Meera.

Exam tips

Write ownership answers in the ICSI pattern: state the general rule, name the exception that fits the facts, check for a contrary agreement, then conclude.
Show the term calculation line by line. Mention the start of the next calendar year and the closing 31 December. Marks are lost when only the final year is written.
Learn the term for each class of work as a small table in your own notes, so you do not apply the author-life rule to films, sound recordings and photographs.
For Section 32A, remember the relevant periods of seven, three and five years. Remember both triggers: copies not made available in India, or not put on sale in India for six months at a price reasonably related to the normal price. Remember the waiting period of six or three months after asking the owner. Also remember that the licence is non-exclusive and cannot cover export.
Cite sections only when you are sure. Section 28 and 28A for Government and public undertaking works, and Sections 32A, 40 and 42 are safe to quote. Otherwise state the rule in words.

Practice questions from Intellectual Property Rights

Copyright: Subject Matter, Ownership and Term: frequently asked questions

Is registration compulsory to get copyright in India?

No. Copyright arises automatically when an original work in a protected class is created. Registration is optional. It gives a public record that helps as evidence in disputes.

How long does copyright last in India?

For literary, dramatic, musical and artistic works it is the author's life plus sixty years, counted from the beginning of the next calendar year after death. For Government works (Section 28) and works of public undertakings (Section 28A) it is sixty years from the beginning of the calendar year after first publication. Other classes, such as films and sound recordings, have their own term provisions in the Act.

Who owns copyright when an employee creates a work?

Where the work is made in the course of employment under a contract of service, the employer is generally the first owner, unless there is an agreement to the contrary. Different rules apply to some works made for newspapers or magazines. A freelance contractor is not an employee, so the contractor is normally the first owner unless the work falls in a listed exception.

What is the difference between assignment and licence of copyright?

An assignment transfers ownership of the rights, wholly or partly, and must be in writing and signed by the assignor. A licence only allows the licensee to do specified acts and leaves ownership with the owner. Licences may be granted by the owner or, in specific cases such as Section 32A, by a Commercial Court.