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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

An order under Section 40 of the Copyright Act, 1957 provides that the term of copyright in India for works of Country Y shall not exceed that conferred by Country Y's law. Country Y gives a term longer than the Indian Act. What is the effect of proviso (iii)?

The Indian term may be limited to Country Y's term but can never exceed the term provided under the Copyright Act. Proviso (iii) to Section 40, as amended in 2012, caps the term at the Act's own limit, so a longer foreign term gives no extra protection.

  1. AThe Indian term becomes the longer Country Y term
  2. BThe Indian term may be limited to Country Y's term, but never exceed the term provided under the ActCorrect
  3. CThe order is void because terms must match exactly
  4. DCountry Y works get perpetual copyright in India

Explanation

Proviso (iii), as amended in 2012, allows the order to restrict the Indian term to that of the foreign law, but adds that the term shall not exceed the term of copyright provided under the Act. A longer foreign term therefore cannot extend protection in India beyond the Act's term.

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