Section 22 of the Copyright Act, 1957: Term of Copyright in Published Literary, Dramatic, Musical and Artistic Works
Section 22 of the Copyright Act, 1957 lays down the general duration of copyright for a literary, dramatic, musical or artistic work published during the lifetime of its author. In ordinary cases, protection continues for the author's lifetime and for sixty years calculated from the beginning of the calendar year following the year of the author's death.
Law reviewed: September 2026. Always check the current statutory text and applicable amendments for a specific matter.
Text and meaning of Section 22
Section 22 - Term of copyright in published literary, dramatic, musical and artistic works.
Except as otherwise provided by the Act, copyright in a literary, dramatic, musical or artistic work published within the lifetime of the author subsists until sixty years from the beginning of the calendar year next following the year in which the author dies.
Explanation: For a work of joint authorship, the reference to the author is a reference to the author who dies last.
The section therefore uses the author's death, rather than merely the date of publication, as the principal reference point for these works. The sixty-year period begins on 1 January of the calendar year immediately following the year of death.
How the sixty-year term is calculated
If an author dies during a particular calendar year, that year is not counted as the first year of the statutory sixty-year period. Counting begins from 1 January of the following year. For example, if the author dies in 2026, the sixty-year period begins on 1 January 2027.
| Point | Section 22 rule |
|---|---|
| Works covered | Published literary, dramatic, musical and artistic works to which Section 22 applies. |
| Basic duration | Author's lifetime plus sixty years calculated in the statutory manner. |
| Starting point for sixty years | Beginning of the calendar year next following the year in which the author dies. |
| Joint authorship | The death of the author who dies last is used for calculating the term. |
What is meant by literary, dramatic, musical and artistic works?
The Copyright Act defines relevant categories in Section 2 and recognises original literary, dramatic, musical and artistic works as classes of works in which copyright may subsist under Section 13, subject to the other provisions of the Act. An artistic work includes specified works such as paintings, sculptures, drawings, engravings, photographs, works of architecture and other works of artistic craftsmanship.
Joint authorship under Section 22
Where the work is one of joint authorship, the Explanation to Section 22 makes the last surviving author decisive for calculation of the term. The sixty-year period is therefore calculated from the beginning of the calendar year following the year in which the last surviving author dies.
Important amendments affecting Section 22
The term was increased from fifty years to sixty years by the Copyright (Amendment) Act, 1992, with effect from 28 October 1991. The Copyright (Amendment) Act, 2012 omitted the words that had excluded photographs from Section 22, with effect from 21 June 2012. The present statutory text accordingly covers artistic works without that former photographic exclusion.
Section 22 must be read with other term provisions
Section 22 begins with the qualification that it applies except as otherwise provided. Chapter V contains separate provisions for particular categories or circumstances, including anonymous and pseudonymous works, posthumous works, cinematograph films, sound recordings, Government works, works of public undertakings and works of certain international organisations. The applicable provision should therefore be identified before calculating the expiry of copyright.
Official legal resources
For the authoritative statutory framework and current administrative information, refer to the Copyright Office text of Chapter V of the Copyright Act, 1957 and the IP India portal.
Related provisions
Readers may also refer to Section 21 - Right of author to relinquish copyright, Section 23 - Anonymous and pseudonymous works, Section 24 - Posthumous works, Section 26 - Cinematograph films and Section 27 - Sound recordings.