CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright
A work is first published by an organisation of which several sovereign governments are members, and the Central Government has declared that section 41 applies to it. The work would otherwise have no copyright in India, and the organisation owns copyright under section 17. Published in 2020, what is the position?
Copyright subsists in India for sixty years counted from the beginning of the calendar year following the year of first publication. Section 41 creates the copyright for notified international organisations, and section 29 fixes this term, not life of author plus sixty years.
- ACopyright subsists in India until sixty years from the beginning of the calendar year following publicationCorrect
- BCopyright subsists for the author's life plus sixty years
- CNo copyright arises since the organisation is not a citizen of India
- DCopyright subsists for fifty years from the date of publication
Explanation
Section 41 creates copyright throughout India where its conditions are met, including the organisation owning the work under section 17 and the organisation being notified. Section 29 gives sixty years from the beginning of the calendar year following first publication, so the term runs from 1 January 2021. Fifty years was the old term, replaced in 1991.
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