Section 24 of Copyright Act, 1957 - Term of Copyright in Posthumous Work
Section 24 of the Copyright Act, 1957 prescribes the duration of copyright for certain works that remain unpublished when the author dies. It applies to literary, dramatic and musical works and engravings where copyright subsists at the relevant date of death.
Meaning and scope of Section 24
A posthumous work, for the purpose of Section 24, is not simply any work associated with a deceased author. The section addresses specified works in which copyright subsisted at the author's death but which, along with any relevant adaptation, had not been published before that date. In a work of joint authorship, the relevant point is the death of the author who dies last.
The provision should be read with the definitions and other provisions of the Copyright Act, 1957. For example, Section 2 defines expressions used in the Act, including "adaptation", while Section 22 contains the general rule for the term of copyright in published literary, dramatic, musical and artistic works.
Text and effect of Section 24
Sub-section (1): In substance, where copyright subsists in a literary, dramatic or musical work or an engraving at the author's death, or at or immediately before the death of the last surviving author in a joint work, and neither the work nor an adaptation has been published before that date, copyright continues for sixty years calculated from the beginning of the calendar year following the year of first publication. If an adaptation is published in an earlier year, that earlier year becomes the reference point.
Sub-section (2): For this section, a literary, dramatic or musical work, or an adaptation of such a work, is treated as published where it has been performed in public or where a sound recording made in respect of the work has been sold, or offered for sale, to the public.
How the sixty-year period is calculated
The calculation begins with the calendar year immediately following the relevant year of publication. For example, if an unpublished qualifying work of a deceased author is first published in 2026, the sixty-year period begins on 1 January 2027. The precise expiry in an individual matter should be determined by applying Section 24 and any other relevant provisions to the facts of the work.
Works covered by Section 24
- Literary works.
- Dramatic works.
- Musical works.
- Engravings.
- Qualifying joint-authorship works, with the death of the last surviving author being relevant.
Deemed publication under Section 24(2)
Section 24 contains a special rule for deciding when certain works are treated as published. Public performance can amount to publication for this purpose. The sale or offer for sale to the public of a sound recording made in respect of the work can also trigger the deemed-publication rule. This is important because the year of publication determines when the statutory sixty-year period begins to run.
Legislative amendments relevant to Section 24
The term appearing in Section 24 was changed from fifty years to sixty years by the Copyright (Amendment) Act, 1992, with effect from 28 October 1991. The expression referring to a "sound recording" reflects the terminology introduced by the Copyright (Amendment) Act, 1994, with effect from 10 May 1995.
Section 24 and neighbouring provisions
Chapter V of the Copyright Act deals with the term of copyright. Section 23 deals with anonymous and pseudonymous works. Section 25, which formerly dealt with photographs, has been omitted. Section 26 deals with cinematograph films, while Section 27 deals with sound recordings.
Official legal resources
For the authoritative statutory text and current copyright administration information, refer to the Government of India's intellectual property and copyright resources. The official text should be checked whenever Section 24 is being applied to a particular legal matter.
Government of India - Copyright Act, 1957, Chapter V
Government of India - Copyright Act, 1957 PDF
IP India - Government of India